SHEKHAR CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal challenges the order of conviction dated 26.10.1999 rendered by learned Additional Sessions Judge, Nainital in Sessions Trial No. 526 of 1995 titled as 'State Vs. Shekhar Chandra and three others' which pertains to Patti Simlekha, Tehsil Koshyakutoli, District Nainital for the offence under Section 304-B, 201, 498-A IPC. After conclusion of the trial, learned Additional Sessions Judge found that no case under Section 304-B and 201 IPC is proved against the appellants but he convicted all the accused appellants for the offence under Section 498-A IPC and sentenced them to undergo three years rigorous imprisonment and pay fine of Rs. 2000/- each. In default of payment, each one of them was directed to undergo two months simple imprisonment.

(2.) HAVING heard learned counsel for the parties, it transpires that Kusum (deceased) was espoused with accused Shekhar Chandra on 04.12.1994. She had no real brother and her father was also not alive. She used to reside with her mother in village Attavarat, Tehsil � Koshyakutoli, District � Nainital. After about two months from marriage Shekhar Chandra along with his brother on 25.01.1995 at 04.00 p.m. reached in the native house of Kusum and informed that whereabouts of Kusum are not known ever since the night of 24.01.1995. He also extended this information to the concerned Patwari. Having gained this knowledge, her cousin PW 1 Deep Chandra along with others went to village Sakdina, which is probably in the vicinity of village Jinauli. It is pertinent to mention that village Jinauli is the native place of accused persons and the distance between village Attavarat and Jinauli is 50 Kms but both are in the same Tehsil Koshyakutoli and the only mode to cover the said distance is by trekking, as there is no motor road that is why PW1 Deep Chandra took as much as six hours in reaching to village Sakdina from his native village Attavarat.

(3.) IN the opinion of Dr. D.K. Joshi, death was caused due to shock and haemorrhage, as a result of ante mortem injuries. This doctor has opined that injury no. 1 and 5 were possible on account of falling down from intense height. The injury no. 1 disclosed that bone of left thigh was completely fractured while injury no. 2 divulged dislodging of left foot bone from its joint. Besides, the lower part of the left leg was also fractured.