JAI PRAKASH S/O PREM SINGH AND SMT. RAJNI DEVI W/O SHRI PREM SINGH R/O AT PRESENT DISTRICT JAIL DEHRADUN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, received through Superintendent District Jail Dehradun, is directed against the judgment and order dated 25.04.2011, passed by Additional Sessions Judge, Rishikesh, in Sessions Trial No. 84 of 2010, whereby said court has convicted the accused/appellant Jai Prakash (husband of the deceased) under section 304B and 498A of I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961. The convict has been sentenced to rigorous imprisonment for a period of eight years and directed to pay fine of Rs. 10,000/ -under section 304B of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 498A of I.P.C, and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 3/4 of Dowry Prohibition Act, 1961. The accused appellant no. 2 Rajni Devi (mother in law of the deceased) has been convicted under section 498A of I.P.C., and under section 3/4 of Dowry Prohibition Act, 1961. She has been sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 498A of I.P.C., and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 3/4 of Dowry Prohibition Act, 1961.

(2.) HEARD learned Amicus Curiae for the appellants, and learned counsel for the State, and also perused the lower court record.

(3.) THE Judicial Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 of Cr.P.C, appears to have committed the case to the court of Sessions for trial. Learned Additional Sessions Judge, Rishikesh, after hearing the parties framed charge of offences punishable under section 498A of I.P.C., section 304B of I.P.C., read with section 34 of I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, against both the accused Jai Prakash and Rajni Devi, who pleaded not guilty and claimed to be tried. On this, prosecution got examined PW1 Shyam Vriksh (father of the deceased), PW2 Leelawati, (mother of the deceased), PW3 R.K. Saini (Tehsildar of Delhi, who prepared the inquest report), PW4 Dr. Guru Prakash Devgun (who conducted autopsy report at Delhi), PW5 Sub Inspector Sita Ram, PW6 Vyas Gupta (scribe of the report), PW7 Sub Inspector Ganesh Kutyal, PW8 Jodh Singh, PW9 Head Constable Narander Singh (who prepared check report of F.I.R) and PW10 Circle Officer G.C. Tamta (who investigated the crime). Oral and documentary evidence was put to the accused, including the suicide note (Ex A -2) recovered from the person of the deceased. The accused denied the fact that any demand of dowry was made or the cruelty committed against the deceased. However, they admitted that Bindu was married to Jai Prakash on 21.05.2009, and Rajni Devi is the mother in law. In defense DW1 Ganesh Prasad was got examined, who is neighbor of the mother in law of the deceased. He has stated that he attended the marriage and there was no demand of dowry made from the deceased by her husband or mother in law. The trial court after hearing the parties, found that charge of all the three offences punishable under section 304B and 498A of I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, is proved as against accused/appellant Jai Prakash and convicted him accordingly. The trial court further found that as against accused/appellant Rajni Devi, charge of offences punishable under section 498A and 3/4 of Dowry Prohibition Act, 1961, are made out but offence punishable under section 304B of I.P.C was not found proved against her. Accordingly, she was acquitted of charge of offence punishable under section 304B of I.P.C. Each one of the convicts was sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 498A of I.P.C., and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ - under section 3/4 of Dowry Prohibition Act, 1961. The accused/ appellant Jai Prakash was further sentenced to rigorous imprisonment for a period of eight years and directed to pay fine of Rs. 10,000/ -. Aggrieved by said judgment and order dated 25.04.2011, this appeal is got sent by the accused/appellants through the Superintendent District Jail, Dehradun.