HARDWARI LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 4 Shyam Singh wrote a complaint to Station Officer, Gadarpur on 01.04.1991 enumerating the facts contained therein that the accused persons, namely, Smt. Maya Devi (mother -in -law) Hardwari Singh @ Hardwari Lal (father -in -law), Beena (sister -in -law) and Vinod (husband) of the victim committed 'dowry -death' of his daughter. Informant PW4 was resident of Bareilly. His daughter was married to Vinod Kumar s/o Hardwari Lal about 6 -7 yeas ago (from the date of incident). Her mother -in -law, father -in -law Hardwari Singh, sister -in -law Beena and husband Vinod Kumar used to harass her for not bringing sufficient dowry. Whenever the victim came to her parental home, PW 4 always gave something to her, but in spite of the same, her in -laws continuously harassed her for want of bringing sufficient dowry. They also assaulted her. On 01.04.1991, at 2:00 pm, Amar Pal Singh came to PW 4 and informed that PW 4's daughter sustained burn injuries. PW 4's daughter also sent a few letters to him when she was alive. On hearing the news of death of his daughter, PW 4 went to her matrimonial home to find that she sustained burn injuries.

(2.) AFTER the investigation, a charge -sheet was submitted against the accused persons, viz., Hardwari Lal, Vinod Kumar, Smt. Maya Devi and Smt. Beena in connection with offences punishable under Sections 498 -A, 304 -B of IPC and of the Dowry Prohibition Act. The case was committed to the Court of Sessions.

(3.) WHEN the trial began and the prosecution opened it's case, charge for the offences punishable under Sections 304 -B, 306, 498 -A IPC and Section of the Dowry Prohibition Act were framed against the accused persons, who pleaded not guilty and claimed trial. PW 1 Smt. Mor Kali, PW 2 Karan Singh, PW 3 Ram Das, PW 4 Sipattar Singh, PW 5 Shyam Singh, PW 6 HC Bhagwan Singh, PW 7 Hardev Singh, PW 8 Amar Pal Singh, PW 9 Shiv Kumar Tyagi, PW 10 Dr. S.K.Richariya, PW 11 Smt. Man Devi, PW 12 SI Govind Singh and PW 13 Mukul Goyal were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C. in reply to which they said that they were falsely implicated in the case. DW 1 Ram Autar Mishra and DW2 Ram Swaroop were examined in defence. After considering the evidence on record, Smt. Beena and Vinod Kumar were acquitted of the charges levelled against them. Accused persons Hardwari Lal and Maya Devi were convicted under Section 306 IPC and were directed to undergo rigorous imprisonment for five years and were also directed to pay a fine of Rs. 1000/ - each, in default of which, they were directed to undergo further imprisonment for two months. Hardwari Lal and Maya Devi were exonerated of the other charges. Aggrieved against their conviction and sentences vide impugned order dated 05.11.2001, present Criminal Appeal was preferred on behalf of the convicts.