KAILASH RAM S/O SHRI RAM PRASAD R/O KANDADHAR, MANDAL SERA P.S. & DISTRICT BAGESHWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, received through Superintendent District Jail Dehradun, is directed against the judgment and order dated 30.11.2009, passed by Sessions Judge, Bageshwar, in Sessions Trial No. 09 of 2009, whereby said court has convicted the accused/appellant Kailash Ram under section 304B and 498A of I.P.C. The convict has been sentenced to rigorous imprisonment for a period of seven years under section 304B of I.P.C., and rigorous imprisonment for a period of one year under section 498A of I.P.C. The accused has been further convicted and sentenced under section 3/4 of Dowry Prohibition Act, 1961, to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ -.

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

(3.) THE Chief Judicial Magistrate, Bageshwar, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 307 of Cr.P.C, appears to have committed the case to the court of Sessions for trial. Learned Sessions Judge, Bageshwar, after hearing the parties framed charge of offences punishable under section 304B and 498A of I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, against all the five accused who pleaded not guilty and claimed to be tried. On this, prosecution got examined PW1 Pooran Ram (father of the deceased), PW2 Dhanuli Devi, (mother of the deceased), PW3 Head Constable Mohan Ram, PW4 Dr. S. Ram (who conducted the post mortem examination), PW5, Sub Inspector Om Prakash Rajpoot and PW6 Circle Officer Rakesh Pant (who investigated the crime). Oral and documentary evidence was put to the accused, under section 313 Cr.P.C., in reply to which it was alleged that the evidence was false. However, it is admitted that deceased was wife of the accused/appellant Kailash Ram. In defence PW1 Pooran Ram (father of the deceased) was got examined. The trial court after hearing the parties, found that charge of 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 only as against accused/appellant Kailash Ram (husband of the deceased), and not against others. Accordingly, the trial court convicted accused/appellant Kailash Ram, and after hearing on sentence, sentenced him to rigorous imprisonment for a period of seven years under section 304B of I.P.C., rigorous imprisonment for a period of one year under section 498A of I.P.C, and rigorous imprisonment for a period of one year and directed to pay fine of '. 5,000/ -under section 3/4 of Dowry Prohibition Act, 1961. The other accused namely Ram prasad, Sunder Ram, Girish Ram and Ramuli were acquitted of the charge. Aggrieved by said judgment and order dated 30.11.2009, passed by Sessions Judge, Bageshwar in Sessions Trial No. 09 of 2009, this appeal is preferred by the convict Kailash Ram.