SANJAY RAM TAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 30.03.2009 passed by Additional Sessions Judge/ 1st FTC, Haldwani, Nainital in Sessions Trial No. 21 of 2007 whereby appellant was found guilty for the offence punishable under Sec. 498-A and 304-B Penal Code and was sentenced to undergo imprisonment for a period of 7 years for the offence punishable under Sec. 304-B Penal Code by observing that since offence under Sec. 304-B Penal Code covers offence under Sec. 498-A, therefore, two sentences are not required.

(2.) Brief facts of the present case, inter alia, are that PW2 Jaswant Singh lodged an FIR with police station Haldwani on 21.10.2006 stating therein that Hema, his daughter, was married to appellant on 09.05.2006; he had given few items as per his capacity to the appellant at the time of marriage; however, after some time of marriage, appellant, his parents and his brother started demanding of INR 4,00,000.00 ( INR Four Lakh) as well as one plot for construction of house and started harassing Hema to meet out their illegal demand of plot and INR 4,00,000.00; On the fateful day, at about 08.30 p.m., he along with his son PW1 went to the house of Hema to deliver sweet on the eve of Diwali, however, they found Hema hanging with hook of fan, thereafter, they removed her dead body from the hook of fan and kept the same on bed; thereafter, they (i.e. PW1 and PW2) came out of the room and they found accused on the road, soon after seeing him, they brought him to police station and thereafter, lodged the FIR.

(3.) Having investigated the matter, PW9 D.P. Juyal, Circle Officer, submitted a charge-sheet against the appellant as well as his parents and his brother for the offences punishable under Sec. 304-B, 498-A Penal Code and 3/4 of the Dowry Prohibition Act.