ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the appeals, titled above, have arisen out of the same judgment and order dated 12/13.07.2005, rendered by learned Sessions Judge, Dehradun in S.T. No.77 of 2002, hence are being adjudicated together.

(2.) APPELLANT Ashok Kumar (A1) and Ms. Manju (A2) were tried for the offences of section 498 -A and 304 -B IPC r/w Section 4 of the Dowry Prohibition Act but the learned Trial Judge attributed the guilt to the gravity of Sections 498 -A and 306 IPC upon both the appellants, while they were acquitted for the charge of Section 304 -B IPC.

(3.) THERE is yet another aspect behind the backdrop of this incident, which is the presence of A2, who was none other but a close relative of A1. A1 was the real maternal brother of A2. A2 also entered into the wedlock after some time of marriage of victim with A1 but unfortunately A2 became widow within a year of her marriage and this developed the ground to generate the more and more closeness between A1 and A2. It transpires from the evidence on record, including the suicidal note of the deceased more prominently, that relations of A1 and A2 turned into immoral and illicit ones. This all perturbed the victim very much. A1 began to express his inclination to protect the interest of A2. Since A1 was the real maternal brother of A2, hence the father of A2 also asked A1 to make a hunt for the appropriate match of his widow daughter. A1 became instrumental in searching a match for A2 and got her married in the office of Registrar of Marriages on 7.3.2002. However, A1 did not leave the papers of registration certificate with A2 or with her newly wedded husband, rather he brought those papers or their photocopies to keep those with him in his house. These papers were noticed by the deceased, which made her more perturbed and annoyed. A bit little query by the deceased from her husband (A1) made him furious and she was scolded like anything in the intervening night of 7/8.3.2002. She kept on weeping for the whole night and the noise of weeping was also noticed by A1 but he turned deaf ear and did not pay any heed to console his wife.