KAILASH CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal appeal arises out against the judgment and order dated 04-02-2002 passed by Sessions Judge, Pauri Garhwal in Sessions Trial no. 51 of 2000 State vs. Kailash Chandra and others u/s 304-B/34 IPC in alternative u/s 302 IPC and Section 3/4 of Dowry Prohibition Act, convicting the appel­lant Kailash Chandra u/s 302 IPC and sentencing thereon for life imprison­ment.

(2.) BRIEF facts of the prosecution case, giving rise to this appeal, are that on 26-05-2000 at about 7:00 a.m. one of the accused Natthi Prasad (non ap­pellant) filed a written report with the Patwari Patti Circle-3 South Modarsun stating therein that on 25-05-2000 at about 1:30 p.m. Smt. Sarojini Devi W/o Kailash Chandra (appellant) had committed suicide. The fact of the sui­cide was brought to the knowledge of aforesaid Natthi Prasad by his son Kailash Chandra (appellant).

(3.) ON 28-05-2000, one Manohar Lal brother of Sarojini Devi also lodged a report at Patwari Patti Circle South Modarsun stating therein that on 25.05.2000 at about 4:00 p.m. two persons came to his house and in­formed him that Sarojini Devi was se­riously ill. On receiving this informa­tion, Manohar Lal reached village Chaumasu and saw his sister dead. He could gather the information that Sarojini Devi died at about 1:30 p.m.