SUNIL DUTT PATHAK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure assailing the judgment and order dtd. 30/8/2011 passed by the learned Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 113 of 2006, whereby the Appellant, Sunil Dutt Pathak, has been convicted for the offence punishable under Sec. 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs.10,000.00, with a default stipulation.

(2.) The case, as unfolded in the First Information Report and during trial, is that the deceased, who was the legally wedded wife of the Appellant, committed suicide by hanging on 15/9/2004 at her matrimonial home situated within the jurisdiction of Police Station Khatima, District Udham Singh Nagar.

(3.) It was allegedthat the Appellant used to suspect the character of the deceased and, on that account, subjected her to mental harassment and humiliation. Such conduct on the part of the Appellant created an unbearable situation for the deceased, which ultimately drove her to commit suicide.