SURESH RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two appeals have been preferred by the Appellant against the judgment and order dated 17-3-2010, passed by the Sessions Judge, Champawat in Sessions Trial No. 21/2008, whereby the accused Appellant Suresh Ram has been convicted under Section 304-B, 498-A IPC and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961. He (accused Appellant) has been sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/- under Section 304-B IPC, rigorous imprisonment for a period of two years and directed to pay fine of Rs. 1,000/- under Section 498-A IPC, and rigorous imprisonment for a period of five years and directed to pay fine of Rs. 15,000/- under Section 3/4 of the Dowry Prohibition Act, 1961

(2.) Heard Learned Counsel for the parties and perused the trial court's record.

(3.) Prosecution story, in brief, is that Appellant Suresh Ram got married to Nanda Devi (deceased) about one and half year before her death. After her marriage, Nanda Devi lived with her husband (Appellant) in her village Buga Chokni in District Champawat. Prosecution case is that Appellant Suresh Ram used to made demands of dowry and beat his wife for non-fulfillment of the same. The deceased when visited her parents, told about the demands and physical cruelty she had underwent. The parents of Nanda Devi refused to send back their daughter to Suresh Ram's house thereafter for two months. But when Rami Ram (father of the accused Appellant) and Ganesh Ram (PW5) came and took responsibility of safety and security of Nanda Devi, her parents allowed her to go with them. When accused Appellant again started assaulting his wife Nanda Devi, his father sent him to Delhi in connection with a job. During that period Nanda Devi remained happily in her in-laws' place. Again after about ten months, accused Appellant Suresh Ram came back to his village and started making demands of dowry and committed physical cruelty against his wife. For a day, Nanda Devi went to her father's place with her husband and told there about the fresh developments. This time, the parents of the deceased persuaded her and, hoping that everything would calm down, sent her back to her in-laws' place. But after about 8-10 days, the parents of Nanda Devi received message that their daughter has died. On this, PW1 Ummed Ram, father of the deceased, went to the village Buga Chokni and found his daughter hanging from a wooden beam in her husband's house.