HARSH LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal Appeal has been preferred by appellant Harsh Lal against the judgment and order dated 10 -01 -2002 passed by Sri Inderjeet Malhotra, the then Sessions Judge, Chamoli in Session Trial No. 16 of 1999 convicting and sentencing the appellant for the offence under section 306 IPC for 7 years R.I. and under section 498 -A IPC for a period of 2 years R.I. Both -the sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that the appellant and Smt. Jamuna Devi (Deceased) were married and the appellant used to harass regularly Smt. Jamuna Devi and she came several times to the house of his brother Shakti Lal (P.W.l) and she was sent back several times to her in laws after marriage. On 18 -04 -1999 in the night the appellant burnt Smt. Jamuna Devi after sprinkling Kerosene Oil and she died. After three days when Shakti Lal came to know about the death of Jamuna Devi and he went to Gopeshwar to see the dead body of his sister. P.W.2 Smt. Maheshwari Devi, the aunt, the wife of Shekhi Lal went to the matrimonial house of the deceased on the next day of the incident.

(3.) THE matter was reported to the Naib Tehsildar, Garsaran on 24 -04 -1999 at 8.00 a.m. by Shakti Lal (P.W.l). On the basis of written report (Ex.Ka 1), F.I.R. (Ka 9) was prepared. The Investigating Officer prepared Panchyatnama (Ex. Ka 3), Photolash (Ex.Ka 4), Challanlash (Ex.Ka 5), Sample of Seal (Ex. Ka 6), letter to C.M.O. (Ex.Ka 7) and Site plan (Ex. Ka 8).