CHANDRASHEKHAR MISHRA 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 30.04.2010, passed by Sessions Judge, Uttarkashi, in Sessions Trial No. 13 of 2008, whereby said court has convicted accused/Appellant Chandrashekhar Mishra under Section 304 B, 498A of Indian Penal Code, 1860 (for short IPC), and under section 3/4 of Dowry Prohibition Act, 1961. Accused/Appellant has been sentenced to imprisonment for life, and directed to pay fine of 5,000/-under Section 304B IPC, rigorous imprisonment for a period of two years, and directed to pay fine of 1,000/-under Section 498A IPC, and rigorous imprisonment for a period of five years, and directed to pay fine of 15,000/-under section 3/4 Dowry Prohibition Act, 1961, by the trial court.

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

(3.) Prosecution story, in brief, is that accused/Appellant Chandrashekhar Mishra got married to Sangeeta (deceased) on 04.12.2004, in District Uttarkashi. After the marriage of Sangeeta with the Appellant she was subjected to cruelty for non fulfillment of demand of dowry made by her husband, and other relatives. It is alleged by P.W. 2 Mohan Lal Joshi (father of the deceased) that whenever his daughter Sangeeta came to her parental house she told that she has been subjected to cruelty, and her husband and in-laws are demanding rupees one lac ( 1,00,000/-). It is further stated in the First Information Report that Sangeeta was ousted by her husband in the year 2006, after about six months of her marriage, and she remained in her parental house till 22.09.2007. During this period, while she was left deserted, she got issued a notice through her Advocate Dr. Nagendra Dutt Jagoodi (P.W.8) claiming maintenance at the rate of 2,000/-per month. On 23.09.2007, accused/ Appellant Chandrashekhar Mishra came to house of his father-in-law P.W. 2 Mohan Lal Joshi, and gave undertaking in writing (Ex. A2) on a stamp paper that he would not demand any dowry, and he would not treat his wife with cruelty. After giving that written promise Sangeeta (deceased) went with her husband Chandrashekhar Mishra (accused/ Appellant). Prosecution case is that the deceased was again subjected to cruelty, and on 28.04.2008, she consumed poison. She was taken by her husband Chandrashekhar Mishra to District Hospital, Uttarkashi, where she was admitted but on the very day died at 8:45 p.m.. On receiving information from the hospital police took dead body of the deceased in their possession, and prepared inquest report (Ex. A12) on 29.04.2008 at about 10:30 a.m.. Other necessary papers like police form No. 13 (Ex. 14), sketch of the dead body (Ex. A15), letter (Ex. A17 requesting the Chief Medical Officer for post-mortem examination) were prepared, and dead body was sent for autopsy. Meanwhile at 10:45 a.m., on 29.04.2008, P.W. 2 Mohan Lal Joshi, father of the deceased, gave FIR (Ex. A3) at the police station Kotwali, Uttarkashi, on the basis of which crime No. 33 of 2008, was registered relating to offences punishable under Section 498A, 304B, 120B IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961, against the accused/Appellant Chandrashekhar, his mother Sulochna, his brother Satyanarayan and his sister-in-law. Investigation was taken up by Circle Officer Hukum Singh Khati. P.W.1 Dr. S.K. Verma and Dr. B.S. Bisht conducted post-mortem examination on the dead body of Sangeeta on 29.04.2008, at about 3:30 p.m.. They did not find any ante-mortem injury but opined that deceased had died of suspected poisoning. The team of Doctors preserved viscera for chemical analysis. During investigation the half empty bottle of poison(endo sulphate insecticide) was recovered from the house of accused in respect of which recovery memo Ex. A1 was prepared. Accused/Appellant Chandrashekhar Mishra was arrested on 29.04.2008. The recovered bottle of poison and viscera were sent for chemical analysis. The Investigating Officer, after interrogating the witnesses and completing the investigation submitted charge sheet (Ex. A28) against accused/Appellant Chandrashekhar Mishra, his mother Smt. Sulochna, brother Satyarayan and Smt. Manju Devi (wife of Satyanarayan) for their trial in respect of charge of offences punishable under Section 498A, 304B, 120B IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961.