NARAYAN RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this appeal, the appellants (father-in-law and mother-in-law respectively) have challenged the judgment and order dated 05.10.2010, rendered by learned Sessions Judge, Almora in Sessions Trial No.34 of 2008, titled as "State Vs. Narayan Ram and another" (crime no.2 of 2008). The said trial resulted into the conviction of the appellants under Sections 304-B/498-A Penal Code r/w Sec. 3/4 of the Dowry Prohibition Act, wherefor they have been appropriately sentenced.

(2.) By the same judgment, co-accused Manoj @ Munna (husband) was also convicted for the identical Sections. An appeal was preferred by him from jail bearing No.68 of 2010, which has been abated by this Court vide order dated 22.8.2013 on account of his death while serving out sentence.

(3.) Facts of the case are that Ms. Bhavna was married to Manoj @ Munna (son of appellants) on 20.04.2006. Allegedly, soon after the marriage, she was subjected to various atrocities besides tormented torture at the hands of appellants and her husband on the question of dowry. At times, she was beaten by her husband. She kept on coming her native home but every time, was returned back by her parents after persuasions. The FIR further discloses that prior to 4-5 months of occurrence, all the appellants, including husband, demanded INR 50,000.00 in dowry on the pretext of requirement of money in the forthcoming marriage of victim's sister-in-law. In connection with that demand, she was sent off by the complainant along with INR 10,000.00 in the month of Feb., 2008 to her in-laws house. Her husband was employed as a Class IV employee in a private school known as Birla Memorial School at Chiliyanaula, District Almora. The couple thereafter started residing in a rented house at the said place. On 12.06.2008, Manoj rang up PW1 Jeewan Ram and informed that Bhavana was not present in the house. On 13.06.2008, complainant's wife proceeded for Chiliyanaula where she came to know that a dead body was lying in the forest, which was later on revealed to be of victim Bhavana.