MANOJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure) is directed against the judgment and order dated 02.07.2010, passed by Additional Sessions Judge, Rishikesh, in Sessions Trial No. 176 of 2009, whereby said court has convicted the accused/Appellant Manoj Kumar under Section 498A, 304B of Indian Penal Code, 1860 (for short Indian Penal Code, 1860), and also under section 3/4 Dowry Prohibition Act, 1961. The convict has been sentenced to rigorous imprisonment for a period seven years, and directed to pay fine of Rs. 5,000/-under Section 304B Indian Penal Code, 1860, rigorous imprisonment for a period of two years, and directed to pay fine Rs. 1,000/-under Section 498A Indian Penal Code, 1860, and rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 1,000/- under section 3/4 Dowry Prohibition Act, 1961.

(2.) Heard learned Counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that accused/Appellant Manoj Kumar got married to Dolly (deceased) on 26.06.2009, in Delhi. It is alleged by the prosecution that Dolly was subjected to cruelty for non fulfillment of demand of dowry. It is further alleged that accused/Appellant Manoj Kumar took his wife Dolly to his aunts' place in Rishikesh and there on 16.08.2009 (within 50 days for her marriage) she committed suicide. The First Information Report (Ex. A1) was lodged by P.W.1 Pravesh Kumar (father of the deceased) at P.S. Rishikesh, that after the marriage, accused demanded ' one lac and motor-cycle. It is also stated by him in the report that he arranged Rs. 30,000/-and paid to his son-in-law but still he did not change his behavior. It is specifically mentioned in the report (Ex. A1) that accused/Appellant Manoj Kumar, and their relatives committed MARPEET with the deceased on 13.08.2009, at about noon. On the basis of FIR, crime No. 490 of 2009, was registered against accused/Appellant Manoj Kumar, and seven other relatives relating to offences punishable under Section 498A, 304B, 506 Indian Penal Code, 1860, and one punishable under section 3/4 Dowry Prohibition Act, 1961, at P.S. Rishikesh. Before the said report was registered at Police Station on 18.08.2009, on 17.08.2009, on receipt of report (of husband) of unnatural death of Dolly, P.W. 4 Suresh Kumar, Naib Tehsildar, got prepared inquest report through P.W. 6 S.I. Devendra Singh, after taking dead body of Dolly in his possession. The dead body alongwith other necessary papers prepared by the police was sent for post-mortem examination in sealed condition. A team of two Doctors consisting Dr. S.P. Kudiyal (P.W.5) and Dr. G.S. Rawat conducted post-mortem examination on dead body of Dolly on 18.08.2009, at 4:15 P.M.. They prepared autopsy report (Ex. A8), and opined that deceased had died of asphyxia due to hanging. They observed ligature mark above hyoid and below chin anterior side of neck of size 16 X 1cm with adesent right side. The investigation was conducted by P.W. 8 J.S. Bhandari, Addl. Police Superintendent. The witnesses were interrogated by him, and place of incident was inspected. Under his instruction, Inspector J.P. Juyal (P.W.9) arrested the accused. After completion of investigation, charge sheet (Ex. A11) was filed by the Investigating Officer only against accused Manoj Kumar for his trial in respect of charge of offences punishable under Section 498A, 304B, 506 Indian Penal Code, 1860, and one punishable under section 3/4 Dowry Prohibition Act, 1961.