SUNIL SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal, preferred by the appellant u/s 374 (2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 12.05.2016 passed by learned Additional Sessions Judge, Kotdwar in Session Trial No.39 of 2012, State Vs. Sunil Singh Negi and S.T. No.3 of 2013, State Vs. Jagmohan Singh Negi & another, whereby the court below convicted the appellants u/s 304B IPC and sentenced each one of them to undergo 10 years' rigorous imprisonment and u/s 4 of Dowry Prohibition Act convicted and sentenced each one of them to undergo 2 years' rigorous imprisonment with a fine of Rs.2,000/-.

(2.) Brief facts of the case are that Virender Singh Kandari submitted information (Ex.Ka-1) with police Station Rikhinikhal on 13.06.2012 that the marriage of his daughter Kavita was solemnized with appellant-Sunil in the month of February 2009 as per Hindu rites. After the marriage she used to inform that the appellants were harassing her for the demand of dowry. On 09.06.2012, the appellants poured kerosene on here due to which the deceased Kavita Devi passed away. On the basis of the information, chick FIR (Ex.Ka-2) was lodged with Police Station Rikhinikhal; Posts mortem (Ex.Ka-3) was prepared; and, Inquest report (Ex.Ka-5) was also prepared. After completion of the investigation, charge sheet (Ka-14) was submitted and after compliance of provision of 207 Cr.P.C., the case was committed to the Sessions Judge.

(3.) The Trial Court took cognizance. Accordingly, charges u/s 304-B and Section 3/4 Dowry Prohibition Act and alternative charges u/s 302 read with Section 34 IPC were framed, to which the accused pleaded not guilty and claimed trial.