ANANDI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred assailing the judgment and order passed by Sessions Judge, Champawat dated 20.12.2011 in S.T. No. 23 of 2008, whereby appellant was held guilty for the offence punishable under Section 302 I.P.C. as well as under Section 201 I.P.C., and was awarded life imprisonment and to pay fine of Rs. 10,000/ - and in default of making payment of fine to undergo R.I. for a period of six months under Section 302 IPC, to undergo R.I. for a period of 7 years and to pay fine of Rs. 5,000/ - and in default of making payment of fine to undergo two months additional imprisonment under Section 201 IPC. Brief facts of the present case, inter alia, are that P.W. 1 Sri Ganga Dutt Pandey on 21.8.2008 at about 5:40 P.M. reported the matter to the P.S. Lohaghat, District Champawat saying that his daughter Smt. Prema was got married with Jagdish Chandra Tiwari on 22.5.2001; Prema was killed on 28.8.2008 by her husband Jagdish Chandra Tiwari S/o. Rewadhar, his father Rewadhar and mother Anuli Devi @ Anandi Devi (appellant herein), wherein Keshav Dutt S/o. Bhavdev, maternal uncle of Jagdish Chandra Tiwari was also involved. It was further stated that Prema was being ill -treated for bringing less dowry.

(2.) HAVING investigated the matter, police submitted chargesheet against the appellant for the offence punishable under Sections 498 -A and 304 IPC, while chargesheet against Jagdish Chandra Tiwari, husband of the deceased, was submitted for the offence punishable under Section 498 -A I.P.C.

(3.) TO prove the prosecution story, Ganga Dutt, P.W. 1 (Informer), Tara Dutt, P.W. 2, Umesh Chandra Pandey, P.W. 3, Keshav Dutt, P.W. 4, Mathura Dutt, P.W. 5, Dr. K.R. Saun, P.W. 6, Constable Bhuwan Singh Rana, P.W. 7, S.I. Pawan Jetha, P.W. 8, Naresh Chandra, Sub -Inspector, P.W. 9 and Harish Chandra Joshi, Sub -Inspector, P.W. 10 were examined. Thereafter, statements of the appellant as well as co -accused Jagdish Chandra Tiwari were recorded under Section 313 Cr.P.C.