SUNIL KUMAR DHASMANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 07.07.2009, passed by learned Sessions Judge Pauri Garhwal, in Sessions Trial No. 46 of 2007, whereby said court has convicted the accused/ appellant Sunil Kumar Dhasmana under section 304B, 498A IPC. He has been sentenced to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 10,000/ - under section 304B IPC, and further sentenced him to rigorous imprisonment for a period of three years under section 498A IPC. Heard learned Amicus Curiae for the appellant, learned counsel for the State, and perused the lower court record.

(2.) PROSECUTION story in brief is that accused/appellant Sunil Kumar Dhasmana got married to Lata Devi (deceased) on 12.10.2005. It is alleged by the prosecution that Lata Devi was subjected to cruelty for non fulfillment of demand of dowry, and committed suicide on 22.04.2007 by hanging herself. A First Information Report (Ex. A 1) was lodged by P. W. 1 Maheshi Devi (mother of the deceased) stating that accused/appellant demanded Rs. 1,00,000/ - as dowry on 15.04.2007. It is further stated by the complainant/informant that since she was a poor widowed lady, she could not fulfill the demand and consequently her daughter Lata Devi was harassed by the accused/appellant, and she died unnatural death on 22.04.2007. On the basis of said report crime no. 1 of 2007, was registered with Patwari of the area i.e., Bichla Badalpur. (In Uttarakhand Hills certain revenue officials are given police powers). P.W. 3 Maharaj Singh, Patwari Bichla Badalpur, went to the spot to take dead body of the deceased Lata Devi into his possession and prepared inquest Report (Ex. A2) in the presence of the witnesses, sealed the body and sent it for post mortem examination, P.W. 4 Dr. Mahesh Bhatt conducted post mortem examination on dead body of Lata Devi on 23.04.2007, and prepared autopsy report (Ex. A7). He opined in the report that deceased had died of asphyxia due to ante mortem hanging. The investigation was taken up by P.W. 6 Birbal Singh Mandai, Naib Tehsildar, who interrogated the witnesses and submitted charge sheet (Ex. A 12) against accused/appellant Sunil Kumar Dhasmana and his mother Rama Devi.

(3.) SECTION 304B of Indian Penal Code provides that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Word "shown" used by the legislature connotes milder form of proof as compared to that of expression "proved".