STATE OF UTTARAKHAND Vs. VIJAY SINGH

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 29.07.2015, passed by Sessions Judge, Tehri Garwal, in Session Trial No. 4 of 2014, Case Crime No. 13 of 2013, under Section 306 I.P.C., Police Station Devprayag, District Tehri Garhwal, whereby accused / respondent was acquitted from the charges punishable under Sections 304-B, 498-A and 306 I.P.C.

(2.) DW1 Dayal Singh who has arranged the marriage between Gita Devi and accused / respondent Vijay Singh has stated that no demand of dowry was ever made at the time of settlement of the marriage. There is no independent witness who can say that demand of dowry was made by the husband / respondent, herein, who was away in Dubai.

(3.) The sine-quo-non to invoke Section 304-B I.P.C. is that wife should be subjected to the cruelty in relation to the demand of dowry which is missing in the present case. Therefore, no offence punishable under Section 304-B I.P.C. can be said to have been made out. There is no evidence on record whereby we can say that wife was ever treated with cruelty. Therefore, offence punishable under Section 498-A I.P.C. is also not made out.