SHYAM HALDHAR AND ANR. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 30.4.2008 rendered by Additional Sessions Judge, Kashipur, District Udham Singh Nagar in S.T. No. 232 of 2006, State v. Shyam Haldhar and Anr., whereby the Appellants have been convicted and sentenced to undergo eight years' R.I. for the offence of Section 304 -B Indian Penal Code, 1860.

(2.) IT is pertinent to mention here that during the pendency of the appeal, the second Appellant/accused Duryodhan died, so the appeal stood abated against him.

(3.) THE facts of the case are that one Sri Deepak Kumar Ghosh, father of Smt. Seema lodged an FIR on dated 30.5.2006 to the Police Station, Rudrapur stating therein that his daughter Smt. Seema was wedded on 17.11.2005 with Shri Shyam Haldhar S/o Sri Duryodhan. In wedding, he offered the dowry as per his status but the accused persons were not satisfied with the offerings made by Sri Deepak Kumar Ghosh. The result was that they started to tease, torture and taunt Smt. Seema on the question of bringing lesser dowry. Before two months of death, in the intervening night of 29/30.5.2006, both the accused persons sent Smt. Seema to her father's house for fetching Rs. 20,000/ - in the dowry but the same could not be managed by poor father. Rather, Sri Deepak Kumar Ghosh tried to persuade both the accused by reaching their house but in vain. In the morning of 30.5.2006, some unknown person informed him that his daughter Smt. Seema was No. more. He rushed to his daughter's in -laws house and found his daughter dead. So the FIR was lodged on 30.5.2006 at 8:30 AM, which is Ex.Ka.1. Inquest report Ex.Ka -3 was prepared at 1 PM on the same day. The gathering of the people (Panchas) opined the cause of death being the unseen injuries, while the Magistrate could not express any opinion on having an apparent look upon the dead body. The autopsy Ex.Ka -2 was conducted and the doctors, who conducted the post -mortem, could not ascertain the cause of death, so the Viscera was preserved and sent for the chemical analysis in the laboratory.