BHAGWAT SINGH BHAKUNI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 21.05.2012, passed by the learned Sessions Judge Nainital in Session Trial No. 27 of 2009 whereby accused appellant was held guilty for the offences punishable under Sections 302, 498-A I.P.C; and was sentenced to undergo life imprisonment and to pay fine of Rs.20,000/- and in default of making payment of fine, to undergo additional imprisonment of one year under Section 302 I.P.C.; to undergo R.I. for a period of three years and to pay fine of Rs.5,000/- and in default of making payment of fine, to undergo additional imprisonment of six months under Section 498-A I.P.C.

(2.) Brief facts of the present case, inter alia, are that PW1 Lal Singh, reported the matter to Police Station Kotwali Haldwani, District Nainital on 03.09.2008; as per the F.I.R. his daughter Manju got married with accused appellant on 27.01.2006; so many items were given as gifts and dowry at the time of marriage; soon after the marriage, Manju was being treated with cruelty by her mother in law, brother in law Prakash Bhakuni and husband (accused appellant); accused appellant having consumed alcohol used to beat her; having acquired knowledge about the consumption of alcohol and beating of Manju, he (PW1 Lal Singh) spoke to the accused appellant and requested him to behave properly, however, he did not stop; PW1 Lal Singh handed over money to the accused appellant enabling him to purchase the plot near Bithoria; accused appellant was demanding more money from PW1 Lal Singh; Manju had one male child aged about 1-1/2 years; Manju and appellant were living together in a rented house near Lal Dhang; Manju reported the matter so many time about the behaviour of her in laws; in the noon of 02.09.2008, accused appellant came back from election duty and started quarrelling with Manju and administered poison to her; he did not inform us despite the fact we were in Haldwani; we acquired knowledge about at 6:00 p.m. that poison was administered to my daughter Manju; she was referred to Soban Singh Jeena Hospital Haldwani, however when her condition started deteriorating, she was taken to Sushila Tiwari Forest Hospital; she died at about 10:00 p.m. in the night in Sushila Tiwari Forest Hospital; accused appellant has fled away from the Hospital; dead body of Manju was lying in Sushila Tiwari Forest Hospital, therefore, having registered the F.I.R., appropriate action may be taken against the accused appellant.

(3.) Post mortem on the dead body of Manju was conducted on 03.09.2008 by Dr. C.P. Bhesora PW3. No anti mortem external or internal injuries were observed; vicera were preserved and were sent for chemical examination; as per the report of the F.S.L, Ex. 14, in the vicera, methyl and ethyl alcohol was found; having investigated the matter, police submitted the chargesheet against the accused appellant as well as his brother Prakash Bhakuni only for the offences punishable under Sections 304-B, 498-A and 306 I.P.C. and Dowry Prohibition Act.