SATYA PRAKASH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 31 -01 -2005 passed by Additional Sessions Judge/FTC VII Dehradun in Session Trial No. 73 of 2003 convicting and sentencing the Appellant -Satya Prakash to undergo 7 years R.I. Under Section 304 -B and 1 year R.I. and fine of Rs. 2,500/ - Under Sections 3/4 D.P. Act and in default of payment of fine the Appellant shall undergo three months R.I.

(2.) THE Sessions Judge convicted the Appellant Under Section 498 -A but the learned Sessions Judge did not award any sentence on that count.

(3.) BRIEF facts for the disposal of this appeal are that marriage of the deceased -Rekha was solemnized with the Appellant -Satya Prakash on 10 -05 -1997. At the time of marriage, dowry was given to the Appellant -Satya Prakash by the complainant -Darshan Lai. After sometimes of the marriage, the Appellant demanded scooter in dowry and started to harass the deceased -Rekha and used to commit marpeet with the deceased. It was further alleged that the brothers of the Appellant namely Somti and Ritu also used to treat the deceased -Rekha cruelly and they used to hurl abuses upon the deceased -Rekha. The prosecution has also alleged that the complainant -Darshan Lai went to the matrimonial house of the deceased and tried to pacify and settle the matter but the Appellant and his brothers did not stop to harass the deceased -Rekha or to demand the dowry from the deceased. In the night of 16 -02 -2003, the deceased was found dead. The Appellant and the relatives of her husband administered poison to the deceased. Consequently she died and the death occurred due to the non -fulfillment of the desire and demand, of down/of the Appellant. The information was given to the complainant -Darshan Lal and the body was taken to the Doon Hospital and the parents of the deceased went there and they found her daughter dead there. They also found the injuries on the person of the deceased. The father of the deceased gave a report to the Police Station on 17 -02 -2003 and F.I.R. was lodged and the matter was investigated. The postmortem was conducted and panchnama was also prepared and thereafter the chargesheet was submitted after the investigation.