ANIL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Criminal Appeal has been filed against the judgment dtd. 23/9/2009, passed by learned District and Sessions Judge, Pauri Garhwal in Sessions Trial No. 124 of 2006, 'State vs. Anil Kumar", by which, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs.5,000.00 for the offence punishable under Sec. 306 of the Indian Penal Code, 1860 (in short, 'IPC').

(2.) Briefly stated the prosecution case as it emerges from the re-appreciation of the evidence on record is that the deceased-Smt. Sunita, the real sister of the informant, was married with the present appellant on 22/6/2003. The appellant and his family members demanded money from the deceased. She was being harassed and tortured on that pretext. The deceased-Smt. Sunita informed about her harassment to the informant. On 28/3/2006, when the informant was at her parents house, at around 8:00 a.m., one Kuldeep Chandra came to her house and informed that Sunita was unwell. On receiving the said information, she went to Sunita's in-laws house and found that Sunita was lying dead on the upper floor of the house. The First Information Report (Ext. Ka.3) was lodged through written information (Ext. Ka. 1) of the informant-Babita Naithani (PW1). The First Information Report was registered on 28/3/2006 at 2:30 p.m. The inquest proceedings were conducted on the same day. The post-mortem examination of the dead body was conducted on 29/3/2006. On completion of investigation, the Investigating Officer filed charge-sheet against the appellant for allegedly committing the offence punishable under Sec. 306 IPC.

(3.) The case was committed to the Court of Sessions.