MUKESH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 3-4-2001 passed by the Sessions Judge, Dehradun convicting and sentencing the appellant-Mukesh under Section 304-B of I.P.C. to undergo rigorous imprisonment for ten years for causing dowry death of his wife Smt. Tara Devi. By the said judgment other co-accused Hari Singh, Smt. Mam Kaur and Km. Manju, the father, mother and sister respectively of the said appellant were acquitted of the charges under Sections 498-A, 304-B and Section 4 of the Dowry Prohibition Act, 1961. Appellant was also not held guilty and acquitted of the charges under Section 498-A, I.P.C. and Section 4 of the Dowry Prohibition Act.

(2.) Written F.I.R. of the case, Ext.Ka.1 was filed by informant Om Bahadur, P.W.1, the father of the victim on 14-2-1994 at about 15 : 30 hours at police station, Kotwali Dehradun. The prosecution case disclosed by the said F.I.R. is that informant's daughter Tara Devi and appellant-Mukesh while working together in a drug factory fell in love and got themselves married about five months before the occurrence. On 13-2-1994 at about 9.30 p.m. informant was told by some one that his daughter Tara Devi had been set to fire by the appellant and other family members, the father, mother and sister of the appellant. The informant went to the residence of the accused-appellant where he was informed that his daughter had been admitted in hospital. He rushed to the hospital where he found Tara Devi lying unconscious with severe burn injuries. Tara Devi succumbed to burn injuries in the hospital in the morning of 14-2-1994. Thereafter the said report was lodged by the informant. According to the prosecution, Tara Devi used to be taunted by her in-laws for not bringing dowry.

(3.) After registration of the case, investigation was taken up by S.I. Ishwar Singh Tomar, P.W.5. He held inquest on the dead body of Smt. Tara Devi and later part of the investigation was taken up by C.O. City, Dehradun, Sri Kameshwar Prasad. Post-mortem examination on the dead body was conducted by Dr. D. S. Rawat, P.W.7 who proved the post-mortem report, Ext.Ka.9 and stated that the deceased had 100% burns which were the cause of death. No smell of kerosene oil was detected. Charge-sheet, Ext.Ka.10 against the appellant and three others named above was submitted on 9-3-1994.