STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. DHARM SINGH, S/O SULTAN SINGH; SULTAN SINGH; VIDYA DEVI, W/O SULTAN SINGH

JUDGEMENT

(1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr. P. C. ), is directed against the judgment and order dated 4.10.1999, passed by Additional Sessions Judge, Dehradun, in Sessions Trial no. 139 of 1994, whereby said court has acquitted accused/ respondents Dharm Singh, Sultan Singh and Vidya Devi from the charge of offences punishable under section 304B/ 34, 306, 498A IPC, and one punishable under section _3/4 Dowry Prohibition Act, 1961.

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

(3.) Prosecution story in brief is that accused/ respondent no. 1 Dharm Singh got married to Smt. Usha (deceased) in the year 1989. Accused/ respondent no. 2 Sultan Singh and accused/ respondent no. 3 Vidhya Devi are father-in-law and mother-in-law of the deceased (Usha). Smt. Usha died unnatural death on 09.05.1991, in her matrimonial house by consuming poison. On 25.05.1991 (after about fifteen days), P. W. Ratan Singh lodged first information report at Police Station Vikas Nagar, District Dehradun, against accused/respondents alleging that they harassed Smt. Usha, and committed cruelty against her due to which she consumed poison and died. On the basis of said report, crime no. 139 of 1991, was registered relating to offence punishable under section 306 IPC, against three3 accused Dharm Singh (husband), Sultan Singh (father-in-law) and Vidya Devi(mother-in-law).