LOKESH Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) APPELLANT Lokesh (husband) besides two others were tried for the offence under Section 304 -B IPC in S.T. No. 301 of 2001. Other two accused persons were his father and mother. The trial resulted into finding the appellant guilty for the said offence, whereas other two accused persons were acquitted by the Trial Court.

(2.) DECEASED Smt. Seema, a young woman around 22 years of age, died within two years of her marriage with the appellant. She was admitted in the Government Hospital around 7:15 P.M. of 24.11.2000 by her mother -in -law, and she died almost within one hour of her admission in the hospital. Since no injury was apparent on her body, so her viscera was preserved and sent for the chemical examination. In such examination, poisonous insecticide was found in the digestive system of lady and that was the cause of her death. Information of her admission in the hospital was given to her father Surender (PW1) by the younger brother of appellant, who also resides in some village located in Haridwar town. So, PW1 rushed to the hospital but did not find her daughter alive. He then lodged the F.I.R. next day i.e. on 25.11.2000 at around 2:00 P.M. against the appellant and his parents as well as one younger brother and one younger sister. But the younger brother and sister were absolved after the investigation.

(3.) IT has further been deposed by PW1 that around one week before the incident, Lokesh and Seema both came to his house, where the latter apprised PW1 about the tormented and traumatized attitude of the appellant towards her. Since, PW1 was simply a vegetable vendor in the periodical local market, so his financial position was not sound and thus, he could not manage such money to meet the demand of appellant. The incident thus, happened.