SHEELA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ALONG with preferring the instant appeal, bail application of the appellant was also moved. The ground, seeking bail, was substantially confined to the infirmity in dying declaration, so we directed on 26.12.2013 for listing of the appeal for hearing, along with the bail application. Registry was, accordingly, directed to prepare paper -books and make the same available to learned counsel for the parties, as quickly as possible, but not later than 24.02.2014. From the records, we have verified that, on 02.01.2014, the same was got received by Mr. Saurav Adhikari, Advocate for the appellant. However, when the matter is taken up for hearing, learned Senior counsel was not inclined to argue the appeal on merits except for bail application.

(2.) SINCE more than two months have elapsed from passing the earlier order on 26.12.2013, we thought it proper to hear the appeal on merits instead of hearing the bail application alone.

(3.) INITIALLY , Sessions Trial No.08 of 2011 proceeded against the accused Raj Kumar S/o Sharmanand and appellant Sheela Devi W/o Sharmanand, for the offences under sections 498 -A and 302 IPC read with section 3/4 of the Dowry Prohibition Act (hereinafter to be referred as 'the Act '). The said trial culminated absolving Raj Kumar from all the charges, while the appellant was also exonerated for the offences u/s 498 -A IPC and 3/4 of the Act, but at the same time, she was found guilty and convicted, as afore -mentioned. The said trial pertains to police station Jaspur, District Udham Singh Nagar, bearing F.I.R./crime no.155/2010.