STATE OF UTTARAKHAND Vs. MANOJ KUMAR AND ORS.

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dated 2.6.2010 rendered by learned Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.364 of 2007, whereby the accused/ respondents were acquitted from the charges levelled u/s 304-B r/w Section 34 IPC.

(2.) In nutshell, the prosecution story is that on 1.5.2007, PW1 Prakash lodged an FIR at P.S. Roorkee (Haridwar) stating therein that his daughter Anju Devi (deceased) was got married with accused Manoj Kumar; at the time of marriage, Rs.20,000/- in cash, clothes and jewellery were given; soon after the marriage, husband Manoj Kumar, father in law Tejpal and mother in law Smt. Saroj started treating Anju Devi with cruelty on account of bringing less dowry; accused were requested not to treat Anju Devi with cruelty, however, in futile; about four months before the incident, Anju Devi was brought to her parental house by Manoj Kumar; accused persons had assured that in future, Anju Devi would not be treated with cruelty since she was pregnant; on such assurance, Anju Devi was allowed to go to her matrimonial house; on 26.4.2007, PW1 was informed telephonically that accused have killed his daughter Anju Devi; on the report of PW1, FIR bearing case crime no.124 of 2007 was registered u/s 304-B IPC against the accused persons.

(3.) Post-mortem on the dead body of Anju Devi was conducted on 27.4.2007 by PW4 Dr. Ajay Mohan Agarwal. As per the post-mortem report, no external injury was found on the body of Anju Devi and cause of death could not be ascertained. Therefore, viscera was preserved and sent for examination to the forensic laboratory.