SUNIL KUMAR Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) Appellant Sunil Kumar was tried for the offence under Section 304-B IPC with an alternate charge of Section 302 IPC but the learned Trial Court attributed the guilt only for the offence of Section 306 IPC. So, he was acquitted for the charge levelled against him but instead of those charges, he was punished for the offence of lesser degree as afore-stated. He has appropriately been sentenced. Sessions Trial No.148 of 2011 pertains to Police Station, Khatima, District Udham Singh Nagar.

(2.) The F.I.R. was lodged by the father of the deceased Mr. Ram Shakal. Deceased Chandrawati, a young woman of 20 years, died within almost 7 months of her marriage. She was wedded with the appellant in August, 2010, and she poured the kerosene oil on herself at some time of the day of 25.02.2011. Father of the deceased was telephonically informed. After receiving the information, father and other persons were rushed towards the matrimonial house of the deceased. The 70-80% burnt lady was first shifted to the Primary Health Center, Khatima and then to Sushila Tiwari Hospital but she breathed her last on 26.02.2011 at 5:30 P.M.

(3.) All the prosecution witnesses, including father, uncle and mother of the deceased, have become hostile, and have stated that the appellant did not make any demand of dowry from them. The father of the deceased (PW1) was examined after one year of the incident. He has only admitted his signature on the F.I.R. but has stated that such report was got signed by him. He did not ratify the contents of the same.