VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is against the judgment and order dated 23.03.2013, passed in Sessions Trial No. 14 of 2009 (State Vs. Vinod Kumar), in which the present appellant has been convicted under Section 302 of I.P.C. as well as under Section 498A of I.P.C. and 3/4 of Dowry Prohibition Act, and he has been sentenced for the offence under Section 302 of I.P.C. for life imprisonment with a fine of Rs. 10,000/-, in case of default in payment of fine he is to undergo six months additional simple imprisonment, for the offence under Section 498A of I.P.C. he has been sentenced to undergo two years rigorous imprisonment with a fine of Rs. 5,000/-, in case of default in payment of fine he is to undergo three months additional simple imprisonment and he has been further sentenced two years of simple imprisonment with a fine of Rs. 10,000/-, in case of default of payment of fine he is to undergo six months additional simple imprisonment for the offence under Section 3/4 of Dowry Prohibition Act. All the sentences are to run concurrently. The appellant is in jail.

(2.) A First Information Report was lodged by the father of the deceased, namely, Bihari Lal S/o Bansi Lal on 28.10.2007 at 5.00 P.M. stating that his daughter Laxmi Devi was married to the accused Vinod Kumar about six years back on 16.04.2001. He further states that the accused is a habitual drunkard. He used to harass his daughter and there was a demand of dowry as well on his part, for which he repeatedly tortured the deceased. He further states that his daughter was staying with her husband in village Dhasi Patti. On 16.10.2007 his son-in law i.e. accused informed him that his wife (the daughter of the complainant) is missing from the house since 14.10.2007. Efforts have been made to trace her but so far they have been in vain. After receiving that information, the complainant reached the village of his son-in-law and search was made again to trace his daughter in Village Dhasi, Pauri Garhwal. An F.I.R. dated 25.10.2007 was ultimately lodged by the complainant that his daughter is missing and he suspects that his son-in-law has killed his daughter for dowry. We must though add that prior to this on 21.10.2007, the present appellant, had lodged a report before the concerned Patwari regarding missing of his wife, since the search so far had been futile. The case, however, was later registered against the appellant, interalia, under Section 304B of I.P.C. The body of the deceased was discovered on 26.10.2007 at 12.30 P.M. from a river. The Postmortem was conducted on the body of the deceased on 27.10.2007 at 12.30 P.M. Postmortem report says that there were two ante mortem injuries on the body of the deceased. The cause of death is stated as per Postmortem is due to shock and hemorrhage, as a result of Anti Mortem injuries.

(3.) Thereafter, the matter was committed to the Court of Session and the charges were framed under Sections 498A/304B of I.P.C. read with Section 3/4 of Dowry Prohibition Act and alternative charges were also framed under Section 302 of I.P.C. The charges were read over to the accused, who pleaded not guilty and claimed to be tried.