VAKEEL AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is an appeal filed by the appellants against the judgment and order dated 14.12.2017 passed by the learned First Additional District and Sessions Judge, Roorkee, District Haridwar in Session Trial No. 37 of 2015. Both appellant no. 1 and appellant no. 2 are son and mother respectively. Appellant no. 1 has been convicted under Section 109 read with Section 302, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and has been sentenced for life imprisonment under Section 109 read with Section 302 IPC, two years rigorous imprisonment under Section 498A of IPC and two years rigorous imprisonment under Section 3/4 of the Dowry Prohibition Act. Appellant no. 2 has been convicted under Sections 302, 323, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and has been sentenced to undergo life imprisonment under Section 302 of IPC, one year rigorous imprisonment under Section 323 IPC, two years rigorous imprisonment under Section 498A of IPC and two years rigorous imprisonment under Section 3/4 of the Dowry Prohibition Act. All the sentences were directed to be run concurrently.

(2.) The incident is of 16.10.2014 at 02:30 PM when as per the prosecution both the present appellants had poured kerosene oil on the body of the deceased and set her on fire, thereby causing 50% burn injuries. The deceased was initially brought to Bhagwanpur Hospital, Haridwar and then referred to Himalayan Hospital, at Dehradun and finally to Safdarjung Hospital at New Delhi, where she died on 26.10.2014 i.e. after 9 days of the incident. A first information report was lodged on 18.10.2014 at about 01:25 PM at Police Station Bhagwanpur, Roorkee, District Haridwar under Sections 498A/323/307 and Section 3/4 of the Dowry Prohibition Act. During the course of investigation Section 307 of IPC was converted to Section 302 of IPC.

(3.) Though the first information report was lodged against the husband, mother-in-law and sister-in-law of the deceased, but after the investigation the police has filed charge-sheet only against the husband and the mother-in-law of the deceased. Thereafter, the matter was committed to the sessions and the charges were framed by the learned Sessions Judge, Haridwar on 02.02.2014 against the accused/appellants under Sections 498A/323/304B/302 of IPC and under Section 3/4 of the Dowry of Prohibition Act.