CHIRANJI PAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dtd. 28/1/2004/29/1/2004, recorded in Sessions Trial No. 338/2001 and 366/2001, State Vs. Chiranji Pal and four others, by the court of Additional Sessions Judge/FTC Kashipur, District Udham Singh Nagar. By the impugned judgment and order, the appellant has been convicted under Sec. 304B and 498A IPC and Sec. 4 of the Dowry Prohibition Act, 1961 (for short, "the Act") and sentenced as hereunder:-

(2.) Briefly stated, the prosecution is as follows:

(3.) On 4/7/2001, an inquest of the deceased was prepared and post mortem conducted. According to the post mortem report, the death was caused by shock and coma due to ante mortem burn injuries. The Investigating Officer ("IO") also visited the place of occurrence. He prepared the site plan and took into custody various articles which includes a kerosene iron stove, burnt pieces of mattress, a plastic zericane without kerosene, a piece of burnt bed sheet and a half burnt ladies kurta. He also took into custody, a wedding invitation of the deceased. On 13/11/2001, the appellant and other accused were charged for the offences under Ss. 498-A and 304B IPC and Sec. 3/4 of the Act, to which, they denied and claimed trial.