NAVIN CHANDRA KANDPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these appeals have been preferred challenging the same verdict, hence, they are being decided by this common judgment.

(2.) These appeals are directed against the judgment and order dated 7.8.2010 rendered by the Sessions Judge, Almora, whereby the learned Judge has convicted the accused Appellant Naveen Chandra Kandpal and sentenced to life imprisonment under Section 304B IPC and fine of Rs. 1000/-, nay accused Harish, Dinesh (brothers) of groom Naveen Chandra Kandpal, Smt. Bachuli Devi (grandmother of groom) and Smt. Pushpa Devi (mother of groom) have been sentenced to seven years rigorous imprisonment under Section 304B IPC and fine of Rs. 1000/- each. For the offence of Section 498A IPC, all the accused have been found guilty and Naveen Chandra Kandpal has been sentenced to two years rigorous imprisonment and fine of Rs. 1000/-, while rest of the accused persons a forenamed have been sentenced for one year rigorous imprisonment and fine of Rs. 500/- each. These sentences have been passed in Sessions Trial No. 36/2007, Crime No. 2/2007 pertaining to Patwari area Jalali (Chokhutia).

(3.) Brief sketch of the facts is that deceased Smt. Manju was wedded with Naveen Chandra Kandpal on 12.6.2005. Few months after the wedding passed in conjugal pleasure, Naveen Chandra Kandpal, the husband of the deceased started torturing his wife Smt. Manju on the question of being given less and insufficient dowry by her father. Manju's father was posted in Meerut in some sugar mill. So he was away from the home and earning his livelihood. His monetary position was not so sound. Smt. Manju tried to persuade her husband Naveen Chandra Kandpal on the question of weak monetary position of her father, but all went in vain. Torturing behaviour of Naveen Chandra Kandpal went to the extent of repeated beating of Smt. Manju and she was forced to leave her in-laws house and to take shelter in the house of her parents, time and again.