RAJESH TREHAN AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.12.2006 passed by learned Additional Sessions Judge, Dehradun in S.T. No.06/2000 whereby the Court below has convicted the appellant-Rajesh Trehan under Section 304-B IPC and sentenced him to undergo seven years' rigorous imprisonment with fine of Rs.10,000/-, and in case of default of fine, he was directed to undergo one year's additional imprisonment. He was further convicted under Section 4 of Dowry Prohibition Act and sentenced to undergo one year's imprisonment with fine of Rs.5,000/-, and in default, he was directed to undergo three months' additional imprisonment.

(2.) Appellants-Kanta Rani @ Shakuntla, Sunil @ Titu and Smt. Anju were convicted under Section 498-A IPC and each of them was sentenced to undergo three years' rigorous imprisonment with fine of Rs.5,000/- each, in default they were directed to undergo six months' imprisonment. They were further convicted under Section 4 of Dowry Prohibition Act and sentenced to undergo one year's imprisonment with a fine of Rs.5,000/- each, in default of payment of fine, they were directed to undergo three months' imprisonment.

(3.) Facts, in nutshell, are that PW1 Arun Kumar submitted an application to the SHO, Vikasnagar, District Dehradun stating therein that his sister Ritu was married with Rajesh Trehan on 04.12.1998 at New Delhi. Some days after marriage, the brother in law of Rajesh Trehan namely Pravesh Kumar and sister Sunita @ Babli came to his house and stated that the accused's mother, brother Sunil @ Titu and sister in law Anju were stating of giving very less items and cash in the marriage. On his saying that he has given the articles and cash beyond status, Rajesh and his family members began to give mental tortures to complainant's sister Ritu, and on non-fulfillment of this demand, they began to give physical and mental tensions to Ritu. This way, the fact of Marpit and abuses became the talk of the day. One day, Ritu informed all this over phone; then in the month of August, 1998, he went to Vikas Nagar, had a conversation with her in-laws and brought Ritu to Delhi along with him. After some days, Rajesh's mother, sister, brother, sister in law and maternal uncle Inderjeet Nanda, who had solemnized this marriage, came and get the matter compromised, due to which Ritu was again sent to her in-laws house. After some days, again the tortures started on Ritu and they began to make a demand of a Maruti Car. Ritu informed her brother over phone that for non-fulfillment of this demand, these people beat her and keep her hungry; the threat to her life was also given by her husband, mother in law, brother in law and sister in law. It is also stated in Ex.Ka-1 that on 15.4.1999 at 5:30 AM, maternal uncle Inderjeet and sister in law came and informed about the fact of burning of Ritu as also taking her away to PGI Chandigarh. On reaching there, Ritu informed the complainant that for last four days, these people were physically and mentally torturing her and she has set the fire being bothered by their tortures. With these averments, the FIR was lodged.