SURENDRA KUMAR SARPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 05.10.2011 passed by Additional Sessions Judge/3rd FTC, Haridwar in Sessions Trial No. 251 of 2009, whereby appellant was held guilty for the offences punishable under Section 304-B, 498-A, IPC and was sentenced to undergo rigorous imprisonment for a period of 7 years for the offence under Section 304-B IPC; sentenced to undergo 2 years rigorous imprisonment and to pay fine of Rs. 5,000/- and in default of making payment of fine, to undergo additional imprisonment of 6 months under Section 498-A IPC; sentenced to undergo 1 year rigorous imprisonment and to pay fine of Rs. 5,000/- and in default of making payment of fine, to undergo additional imprisonment of 3 months under Section 4 of the Dowry Prohibition Act.

(2.) Brief facts of the present case, inter alia, are that Dayal Chand (PW1) lodged an FIR on 11.04.2009 (scribed by Surendra Virmani, elder son-in-law of PW1) stating therein that his daughter Kanchan was married to appellant on 25.09.2007; at the time of marriage, few gift items were given to the appellant, however, appellant was not happy with the items given at the time of marriage; he was pressurizing Kanchan to bring Rs. 2,00,000/- from her parents and used to beat her on account of demand of dowry of Rs. 2,00,000/-; on 09.04.2009, appellant ousted Kanchan from his house after beating her; Kanchan came to the house of PW1 and narrated the entire story to him; in the evening, PW1 went to drop Kanchan at her matrimonial house and tried to persuade the appellant, however, appellant again demanded Rs. 2,00,000/- and used abusive language against PW1 and his daughter Kanchan; PW1 having tried to convince the appellant, left her daughter with the appellant and came back to his house; on 11.04.2009 Surendra Virmani informed him that appellant murdered his daughter; having received such information from Surendra Virmani, PW1 reached to Vishwakarma Ghat and found dead body of Kanchan lying there; Kanchan was killed by appellant, therefore, appropriate action may be taken against the appellant.

(3.) Having registered the FIR, PW6 Navneet Singh, Dy. S.P./ Circle Officer was appointed as Investigating Officer. Having investigated the matter, PW6 submitted charge-sheet against the appellant for the offence punishable under Section 304-B, 498-A IPC and 3/4 of the Dowry Prohibition Act.