RANJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 25.06.2012, rendered by learned District & Sessions Judge, Tehri Garhwal in Sessions Trial No.05 of 2011, whereby the appellant-accused was charged with and tried, for the offences under Sec. 364A, 498A of I.P.C. and 3/4 of Dowry Prohibition Act, 1961. The accused was convicted and sentenced to undergo life imprisonment under Sec. 364A of I.P.C. and to pay a fine of Rs. 20,000.00 and in default of payment of fine to undergo rigorous imprisonment for two years. He was further convicted and sentenced to undergo rigorous imprisonment for a period of two years under Sec. 498A of I.P.C. and to pay a fine of Rs. 2,000.00 and in default of payment of fine to undergo rigorous imprisonment for a period of six months. The accused was further convicted and sentenced to undergo rigorous imprisonment for the period of six months under Sec. 3/4 of Dowry Prohibition Act and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo rigorous imprisonment for the period of one month. All the sentences imposed under the aforesaid sections were directed to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that that Kishan Singh complainant moved an application before the District Magistrate, New Tehri with the allegation that he was the employee of Bhagat Singh College, Delhi. His family is residing at the village. Three years ago his daughter was married to Ranjeet Singh @ Ranveer Singh. However, the husband, mother-in-law, father-in-law and younger brother-in-law used to torture and harass his daughter for bringing insufficient dowry. This fact was brought to his notice by his daughter in the year 2008. Thereafter, he alongwith pradhan Abbal Singh Rana and the pradhan of the village of the accused no.2 Daleep Singh went to the house of accused Ranveer Singh @ Ranjeet Singh. Ranjeet Singh has undertaken not to harass the daughter of the Kishan Singh. He received a telephonic message on 05.09.2009 that Ranveer Singh @ Ranjeet Singh was beating his daughter. He went to Amritsar and came to know that his daughter was missing. He made inquiries from Ranveer Singh. Thereafter, he reported the matter to P.S. Vijay Nagar on 09.09.2009. The FIR was registered. The matter was investigated and the challan was put up against the accused after completing all the codal formalities. The prosecution has examined as many as ten witnesses in its support. The statements of the accused were recorded under Sec. 313 of Crimial P.C. They have denied the case of the prosecution. The appellant-accused Ranjeet Singh was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.

(3.) Learned counsel for the appellant has vehemently argued that the prosecution has failed to prove its case. Learned counsel on behalf of the State has supported the judgment and order dated 25.06.2012.