BANBIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The accused/appellant Banbir Singh has preferred this criminal appeal against the judgment and order dated 29/11/2001, passed by Sessions Judge, Udham Singh Nagar, in S. T. No. 308/1999, convicting the accused /appellant under Secs. 498-A I. P. C., 304-B I. P. C. and Section 3/4 Dowry Prohibition Act and sentencing him to undergo imprisonment for life under S. 304-B I. P. C.; two years R. I. under S. 498-A I. P. C. and five years R. I. and fine of Rs. 15,000.00 under S. 3/4 Dowry Prohibition Act and in default of payment of fine to further undergo R. I. for one year. All the sentences to run concurrently.

(2.) The prosecution case in brief is that on 13/6/1999 at about 3.10 p.m. complainant Rajesh Singh lodged written report, Ext. Ka. 1 at P. S. Banbasa with the allegations that his younger sister Smt. Rekha Singh was married to accused Banbir Singh on 12-3-1999. After marriage accused demanded rupees one lac as dowry. The dowry demand was not fulfilled by the complainant and due to this reason the accused started beating Smt. Rekha Singh and also threatened to kill her. On 7-6-1999 when Smt. Sarla Devi, the mother of the complainant, went to the in-laws house of Smt. Rekha Singh, then the accused again made demand of dowry of Rs. one lac and used unpleasant talk. On 13-6-1999 Prahlad Singh, the elder brother of the accused informed Rajesh Singh, the complainant at Barielly Police Line that his sister Rekha Singh had died. Thereafter on 13-6-1999 itself the complainant went to the house of accused and there he came to know that the accused has killed Rekha Singh by burning her. On the basis of written report, chick F. I. R. Ext. Ka. 13 was drawn at the Police Station and the case was registered against the accused.

(3.) S. I. Lalit Mohan Vishwakarma, Station Officer of P. S. Banbasa on receiving information about the incident went at the spot and performed the inquest on the body of deceased Smt. Rekha Singh and prepared inquest report, Ext. Ka. 6. This witness also prepared Form 33, Form 13, sample seal and sketch dead body, Ext. Ka. 7 to Ext. Ka. 10 respectively and sent the dead body for post mortem. The Investigating Officer also took into possession the pieces of burnt clothes, burnt pieces of bangles of the deceased and the match box and its burnt sticks and prepared recovery memo, Ext. Ka. 11.