KUNDAN SINGH Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) APPELLANT Kundan Singh (A1, husband) and Smt. Khesti Devi @ Khimuli Devi (A2, mother -in -law) were tried for the offences of Section 304 -B, 498 -A and 201 IPC read with section 3/4 of the Dowry Prohibition Act. The learned Sessions Judge did not hold them guilty for the offence under Section 304 -B IPC and passed the order of acquittal for that offence, but they were found guilty for the offences under section 498 -A and 201 IPC and have appropriately been sentenced for the same. Sessions Trial No. 67 of 2000 pertains to Revenue Circle, Ansown.

(2.) DECEASED Smt. Ganga Sahi was married to A1, an army personnel, in the month of May, 1996. A1 had come on leave from his work place to his house and the incident occurred in the intervening night of 29/30.06.2000. She was taken to the hospital in a very critical state at about 10.30 A.M. where she was examined by PW4 Dr. N.S. Gunjiyal, who found that the eye -bolls had shrunk and no reaction was there in the eyes on throwing the torchlight. She was almost taking her last breath. In the opinion of PW4, she had consumed some unknown poisonous substance. Her name was endorsed in the emergency register of the hospital and thereafter, she was referred to the District Hospital, Bageshwar but she died on 30.06.2000.

(3.) ANAND Singh Bhakuni (PW1) and Smt. Parvati Devi (PW5, mother of the deceased) as well as Km. Kamla Devi (PW2, younger sister of the deceased) have deposed and proved the consistent and regular demand of Rs.1.00 lakh as dowry by both the accused persons.