RAMESH CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is preferred by the appellant under Sec. 374 (2) Cr.P.C. and is directed against the judgment and order dtd. 13/3/2007, passed by learned Sessions Judge, Almora in Sessions Trial No.11 of 2004, State vs. Ramesh Chandra and others, whereby the accused-appellant has been convicted under Sec. 498A and 304B IPC and was sentenced to undergo two years' R.I. under Sec. 498A IPC with fine of Rs.2,000.00 with default stipulation of additional one month simple imprisonment and was sentenced ten years' R.I. under Sec. 304B IPC. Both the sentences were directed to run concurrently.

(2.) In brief the prosecution case is that Smt. Munni who was daughter of informant, namely, Jeva Nand was married to Ramesh Chandra as per Hindu rites and rituals. On the fateful night of 18/4/2001, she was found dead. The informant alleges that she was killed as her paternal family was unable to fulfil dowry demand of Rs.1.25 lakhs and four tolas of gold.

(3.) On the basis of aforesaid report, a charge-sheet was filed by the investigating officer in the court of learned Judicial Magistrate, who in turn, committed the case to the Sessions Court, Almora for trial.