BALBIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), has been preferred against the judgment and order dated 08.08.2003, passed by learned Sessions Judge, Nainital in Sessions Trial No. 301 of 1998, whereby said court has convicted accused/appellant Balbir Singh under Sections 304-B, 498-A and 201 of The Indian Penal Code, 1860 (for short, IPC). Accused/appellant has been sentenced to rigorous imprisonment for a period of 10 years under section 304-B IPC, six months' rigorous imprisonment with fine of Rs. 2,000.00 under section 498-A and one year's rigorous imprisonment with fine of Rs. 5,000.00 under section 201 IPC. All the sentences were directed to run concurrently.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 17.07.1997 P.W.1 Suba Singh lodged a report at P.S. Nanakmatta, stating therein that marriage of his sister Veero Kaur (deceased) was solemnized with the accused/appellant Balbir Singh three years ago as per Sikh rituals. In the marriage, his parents had given dowry as per their status. However, the accused/appellant and his family members were not satisfied with the dowry and they started committed cruelty with his sister (deceased), due to which last year on 23rd May, 1996, his sister had tried to commit suicide by jumping into Nanaksagar Dam, but fortunately she was saved by the Sewadars of Nanakmatta Gurudwara. After this incident, she was taken to her parental house where she stayed for 5-6 months. His sister had told them that she is subjected to cruelty by her husband (appellant/accused), father-in-law, mother-in-law and her brother-in-law for bringing insufficient dowry. Thereafter, the accused came to take his sister back, and on their persuasion, she went back to her in-laws house. On 17.07.1997, when the complainant returned from Punjab, his father told him that his sister has been murdered by her in-laws. His father told him that blood was oozing out from nose and mouth of deceased. It is also stated that the last rites of his sister were performed by the accused persons without any legal formalities. On the basis of said report, Case Crime No. 16 of 1997 was registered against the present accused and other family members of the deceased, relating to offences punishable under sections 304-B, 201 and 120-B IPC. Investigation was taken up by P.W.5 Suryakant Tripathi. He interrogated the witnesses, inspected the spot and prepared site plans (Ex. A4 and Ex.A5), and on completion of investigation, submitted charge sheet (Ex. A7) against accused/appellant and three others for their trial in respect of offences punishable under sections 304-B, 201 and 120-B IPC.