RAJESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of the impugned judgment and order dated 15/16.07.2005, Rajesh (husband) and Smt. Vimla (mother-in-law) were tried for the offence of section 498- A/304-B IPC r/w section 3/4 of Dowry Prohibition Act with an alternative charge of section 306 IPC. The trial ended into the acquittal of Smt. Vimla for all the offences whereas the appellant was found guilty only for the offence of section 498-A/306 IPC. He has appropriately been sentenced by the learned Trial Judge. Sessions Trial No.34 of 2002 pertains to crime no.183 of 2001 at police station Vikasnagar, District Dehradun.

(2.) Deceased Ms. Meena was married with the appellant on 19.2.1999 and she lost her life in the intervening night of 7/8.12.2001 in her matrimonial house. Thus, she died within three years of her marriage. The first information report was lodged by PW1 Jaisi Ram, father of deceased, a retired army personnel.

(3.) In the post-mortem, cause of death of the deceased could not be ascertained, so her viscera was preserved by the doctor. Autopsy of this 23 years' old lady, who was pregnant with 32 weeks' foetus, was conducted in Doon Hospital. Viscera report dated 08.01.2002 given by the Forensic Science Laboratory reveals the presence of Organo-Chloro Insecticide Poison in all the digestive organs of the body.