PRAKASH CHANDRA SATI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. P.C.), is directed against the judgment and order dated 21.09.1999 passed in Sessions Trial No. 227 of 1996, by learned Special Judge (E.G. Act)/ Additional Sessions Judge, Nainital, whereby appellants Prakash Chandra and Rewati Devi have been convicted under Sections 498 A and 306 of Indian Penal Code, 1860, (for brevity hereinafter referred as I.P.C.) and each one of them has been sentenced to rigorous imprisonment for four years and fine of Rs. 3,000/- under Section 306 I.P.C. and rigorous imprisonment for three years and fine of Rs. 2,000/- under Section 498 A I.P.C. The trial court further directed that in default in payment of fine under each count, the convict shall undergo two months further imprisonment. It is further directed by the trial court that both the sentences shall run concurrently.

(2.) Heard learned counsel for the appellants and learned A.G.A.

(3.) Prosecution story, in brief is that Smt. Durga Devi (deceased) got married to appellant Prakash Chandra in the year 1993. She was daughter of P.W. 2 Buddhi Ballabh. Appellant Rewati Devi is mother-in-law of the deceased. According to the prosecution, Durga Devi was harassed for non-fulfilment of demand of dowry of Rs.50,000/- made by the appellants and they (appellants) used to beat her. It is alleged that whenever Durga Devi used to go to her parents house, she used to complain about the conduct of the appellants. About six months before her death, Smt. Durga Devi left her husband's house and started living in the house of her parents. The prosecution case is that when P.W. 2 Buddhi Ballabh, father of the deceased decided that he would take his daughter Durga Devi to her husband's house, Smt. Durga Devi left the house of her parents and did not return back on 26.05.1994. After three days thereafter i.e. on 29.05.1994, it appears that P.W. 2 Buddhi Ballabh, got registered non-cognizable report that his daughter is missing and was seen with one Puran Meanwhile, search for Durga Devi was on. On 01.06.1994, her dead body was found and a bottle of 'Nuwan' (insecticide) was also found by the side of her body. Whereafter First Information Report (Ext A-2) was got lodged by P.W. 4 Dharmanand (brother of the deceased) that his sister has died within a period of one and a quarter year from the date of her marriage due to harassment by the appellants for non-fulfilment of demand of dowry. It appears that the investigation was started on said report and the statement of the witnesses were recorded. In the post-mortem examination, P.W. 1 Dr. K.C. Pant and his colleague Dr. R.S. Toliya stated that the death was an unnatural one but cause could not be ascertained. Viscera was preserved and was sent for chemical examination. As per the report of Chemical Examiner, chemical of insecticide 'Nuwan' was found on the preserved parts of the dead body of the deceased, which were sent for chemical examination. After completion of the investigation, the Investigating Officer filed charge-sheet against both the appellants.