RAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant Ram Singh against the judgment and order dated 20.3.2002 passed by Shri V.K. Jain, the then Sessions Judge, Almora in Session Trial No. 51 of 2000 convicting and sentencing the appellant for the offence under Section 304B, IPC for 7 years R.I. and under Section 498A, IPC for a period of 3 years R.I. Both the sentences were ordered to run concurrently.

(2.) BRIEF facts, which rise to this appeal are that a report was lodged by Shri Balwant Singh, the uncle of the deceased Smt. Radha Devi, with the Naib Tehsildar on 31.1.2000 alleging that the marriage of his niece Radha Devi was solemnized with the appellant Ram Singh in village Kankhola about 2 years back. Soon after the marriage the appellant and her mother -in -law Smt. Bhagwati Devi had been torturing her with cruelty in connection with the dowry and he was demanding an amount of Rs. 50,000/ - and T.V., etc. She had been telling this fact to her grand -mother Smt. Jasoli Devi (P.W. 2) to her. On 29.1.2000 the appellant along with some residents of village Kankhola came on a jeep at about 9.30 p.m. and they informed Balwant Singh (P.W. 4) that the appellant and the deceased were quarrelling there. The appellant also accompanied them but he remained in the jeep. They asked him to accompany with them. He accompanied with the appellant and other persons to the house of deceased Radha Devi. He did not find his niece there. In the next morning it was found that the deceased was dead under a mango tree nearby her house and body was covered with a blue colour cloth. The matter was reported immediately to the Kanongo. The inquest report of the body was prepared and the dead body was sealed. The usual investigation was made and ultimately the charge sheet was submitted against the appellant and Smt. Bhagwati Devi mother -in -law of the deceased.

(3.) IN order to prove its case, the prosecution examined five witnesses P.W. 1 Km. Mamta is sister of the deceased who was residing at: the relevant time at her sister's house. She is the eye -witness of the incident. P.W. 2 Smt. Jasholi Devi the grand mother of the deceased, stated the fact that the appellant was demanding an amount of Rs. 50,000/ -, T.V., etc. from the deceased and the deceased complained to her grand mother that she is being subjected to cruelty for non -fulfilment of the demand of dowry. P.W. 3 is Dr. Y.C. Sharma who had conducted the autopsy on the body of the deceased Smt. Radha Devi on 31.1.2000 at about 12.10 p.m. P.W. 4 is Balwant Singh who has reported the matter to the Revenue Police and he is the witness of the inquest and is the uncle of the deceased. P.W. 5 Shri Hemant Kumar Verma Nayab Tehsildar is the Investigating Officer.