STATE OF UTTARAKHAND Vs. DEEPA DEVI

JUDGEMENT

(1.) State has filed this appeal challenging the judgment and order dtd. 11/4/2013, passed by Sessions Judge, Chamoli (Gopeshwar) in Sessions Trial No. 26 of 2010, whereby respondents have been acquitted of the charges punishable under Ss. 498-A, 304-B and 302 IPC.

(2.) Prosecution story, in brief, is that PW1 Devendra Prasad Thapliyal lodged an FIR on 4/12/2009 stating that he received information at 6 o'clock in the evening of the previous day that his daughter has passed away. Informant further stated in the FIR that he believed that accused persons have killed his daughter.

(3.) On these facts, FIR was registered against three persons, namely, Matrika Prasad (husband of the deceased), Smt. Deepa Devi (mother-in-law of the deceased) and Durga Prasad (younger brother-in-law of the deceased) and investigations were carried out. After investigation, chargesheet was filed against Matrika Prasad and Smt. Deepa Devi (respondents herein). Charges were framed against the accused for the offences under Ss. 498-A, 304-B and 302 IPC, to which accused pleaded not guilty and claimed trial and took the plea of alibi.