VIMAL TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal Appeal, U/S 374 Criminal Procedure Code, has been filed against the judgment and order dated 31 -5 -1999, passed by the then Sessions Judge, Pauri Garhwal, in Sessions Trial No. 25 of 1998, State Vs Vimal Tewari and two others, where by the accused/appellants Vimal Tewari, Vijai Prakash Tewari and Smt. Basanti Devi were convicted for the offences punishable U/Ss 304 -B read with Section 34 I.P.C. and 498 -A read with Section 34 I.P.C. and each of them were sentenced to life imprisonment U/S 304 -B/34 I.P.C. and three years R.I. and a fine of Rs. 5000/ - U/S 498 -A/34 I.P.C. and in default of payment of fine to undergo S.I. for two months. All the sentences were to run concurrently.

(2.) THE facts giving rise to the present appeal, in brief, are that Smt. Kusum Tewari was married with accused Vimal Tewari on 18th June, 1997. Dowry was also given in her marriage by her brothers. However, accused persons Vimal Tewari (husband), Raghunandan (father -in -law), Smt. Basanti Devi (mother -in -law) and Vijai Prakash Tewari (brother -in -law) were not satisfied, hence they started treating Smt. Kusum with cruelty and harassment for their unlawful demand of dowry. She was also beaten by the accused persons. Her cousin Ram Bharonse Pant and other villagers tried to pacify the accused persons but they did not satisfy. When the brothers of the deceased expressed their inability to fulfil the demand of dowry, the accused persons harassed her and compelled her to commit suicide. Consequently the Smt. Kusum died either by consuming poison herself or she was administered poison by the accused persons. The information of the death of the deceased was given to her parental -village by accused Vimal Tewari on 17.3.1998. Thereafter, on 18.3.1998, at about 4.30 p.m. Ram Bharonse Pant, cousin of the prosecutrix, lodged the F.I.R., Ext. Ka. 1, at P.S. Srinagar. On the basis of the written report, chick F.I.R., Ext. Ka. 6 was prepared by Head Moharrir and case was registered against the accused persons vide entry made in the General Diary, copy of which is Ext. Ka. 7.

(3.) S.I. Anand Singh Kathait, on receiving information of the death of deceased from the Hospital reached in the Hospital, where the dead body of the deceased was lying. He prepared inquest report, Ext. Ka. 10, photo lash, challan lash, Ext. Ka. 12, sample of seal, Ext. Ka. 11, letter to C.M.O., Ext. Ka. 13, and letter to R.I., Ext. Ka. 14. The I.O. inspected the place of the occurrence and prepared site plan, Ext. Ka. 8. He also took into possession the inland letters, Ext. Ka. 2 to Ka. 4 sent by the deceased to her brother Dinesh Chandra Pant, vide memo Ext. Ka. 9.