AKHILESH BHATNAGAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 30.6.2009 passed by Additional Sessions Judge/F.T.C. IInd, Dehradun in Sessions Trial No. 74 of 2000 whereby learned Trial Court held the appellant guilty for the offence punishable under Section 498A, IPC as well as under Section 4 of Dowry Prohibition Act; appellant was sentenced to undergo rigorous imprisonment for a period of 1 1/2 years and to pay fine of Rs. 1,000, in default of making payment of fine to undergo additional imprisonment for 3 months for an offence punishable under Section 498A; sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500 and in default of making payment of fine to undergo additional imprisonment of 1 month for the offence under Section 4, Dowry Prohibition Act with the stipulation that both the sentences shall run concurrently. Brief facts of the present case inter alia are that P.W.1 Madan Mohan Verma lodged an FIR with Police Station, Kotwali, Dehradun on 5.9.1998 stating therein that his sister Deepa Bhatnagar (P.W.4) was married to the appellant as per Hindu rites and ritual on 22.4.1996; soon after the marriage, appellant, Smt. Radha Bhatnagar (mother of the appellant), Km. Upasana Bhatnagar (sister of the appellant) and Vinod Narayan Bhatnagar, brother-in-law of the appellant (sister's husband) started harassing, Deepa Bhatnagar. Deepa Bhatnagar informed P.W.1 about harassment meted out by her; P.W.1 came to Dehradun and tried to settle the matter amicably and handed over Rs. 5,000 to the mother of the appellant in the year 1997, however, appellant and his family failed to mend their ways; appellant and his family assaulted Deepa Bhatnagar on 13.5.1998; incident of 13.5.1998 was reported by P.W.5 Sunil Mohan to the police; thereafter appellant and his family apologized, however, continued to harass Deepa Bhatnagar; on 15.8.1998 appellant gave serious beating to Deepa Bhatnagar and demanded Rs. 15,000 and a motorcycle; Deepa Bhatnagar went to the house of Surendra Kumar Garg and narrated entire story to the wife of Surendra Kumar Garg; again appellant gave severe beating to Deepa Bhatnagar on 2/3.9.1998 and Deepa Bhatnagar was made to consume poison.

(2.) Investigation was handed over to Sub-Inspector Jeeto Kamboj. Investigating Officer having investigated the matter filed charge-sheet against the appellant, his mother Smt. Radha Bhatnagar and his sister Km. Upasana Bhatnagar. After the committal of the trial, learned Sessions Court framed charges against all the accused for the offences punishable under Sections 498A, 328, IPC as well as under Sections 3 /4, Dowry Prohibition Act. Appellant, his mother and sister denied the charges and claimed trial. During the trial, mother and sister of the appellant, namely, Smt. Radha Bhatnagar and Km. Upasana Bhatnagar died, therefore, trial stood abated against both of them.

(3.) From the side of the prosecution Madan Mohan Verma (P.W.1), Dr. Ajay Ghai (P.W.2), Constable Heera Singh (P.W.3), Smt Deepa Bhatnagar (P.W.4), Sunil Mohan (P.W.5), Sub-Inspector Jeeto Kamboj (P.W.6), Dr. Reenu Negi (P.W.7) and Dr. Gurpal Singh (P.W.8) were examined and thereafter statement of the appellant was also recorded under Section 313 of the Code of Criminal Procedure.