LAWS(UTN)-2013-6-54

NARENDRA SINGH BOHRA Vs. STATE OF UTTARAKHAND

Decided On June 11, 2013
Narendra Singh Bohra Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order dated 28.06.2010 passed by Sessions Judge, Champawat, in Session Trial No. 16 of 2008, whereby appellant was held guilty for the offences punishable under Sections 304B, 498A, 201 I.P.C. and 3/4 Dowry Prohibition Act and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 5,000/ -, and in default of making payment of fine, to undergo additional imprisonment of one year under Section 304B, I.P.C.; to undergo R.I. for a period of two years and to pay a fine of Rs. 1,000/ -, and in default of making payment of fine, to undergo additional simple imprisonment of six months under Section 498A I.P.C.; to undergo R.I. for a period of two years and to pay a fine of Rs. 1,000/ -, and in default of making payment of fine, to undergo additional imprisonment of six months under Section 201 I.P.C.; to undergo R.I. for a period of five years and to pay a fine of Rs. 15,000/ -, and in default of making payment of fine, to undergo additional imprisonment of six months under Section 3/4 Dowry Prohibition Act. Brief facts of the present case, inter alia, are that PW1 Naveen Singh Mahra, got registered F.I.R. with Police Station Tanakpur on 28.05.2010 stating therein that he got his daughter Kiran alias Kajal married with the appellant on 13.12.2007; at the time of marriage dowry and other gifts were also given to the husband party; after the marriage, appellant Narendra Singh Bohra; his mother Basanti Devi, his father Teeka Singh Bohra and his sister Rami Devi started harassing Kiran alias Kajal for the demand of dowry; all the accused persons have given severe beating to Kiran alias Kajal on several occasions; husband and his relatives never allowed Kiran alias Kajal to visit her parental home; accused have killed Kiran alias Kajal on 26.05.2008 and falsely declared that she committed suicide by hanging. On the report so submitted, Chick F.I.R. in Case Crime No. 1226 of 2008 was registered against the appellant and his mother Basanti Devi, his father Teeka Singh Bohra and his sister Rami Devi.

(2.) INVESTIGATION was handed over to PW19 C.O. Harish Chandra Sati. Having investigated the matter, chargesheet was submitted against the accused for the offences punishable under Sections 304B, 498A, 201 I.P.C. and 3/4 Dowry Prohibition Act.

(3.) LEARNED Trial Court vide judgment impugned in the present appeal was pleased to convict and sentence the appellant herein while was pleased to acquit other accused, namely, Basanti Devi, Teeka Singh Bohra and Rami Devi.