NAIN SINGH AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr. P.C) is directed against the judgment and order dated 24.09.2003, passed by Sessions Judge, Pithoragarh in Sessions Trial No. 27 of 2001, State v. Nain Singh and others , whereby said court has convicted the accused/appellants under section 304B and 498A of Indian Penal Code, 1860 (for short IPC), and has sentenced them to rigorous imprisonment for a period of seven years under section 304B IPC and further rigorous imprisonment for a period of two years and fine of Rs. 500/- to each under section 498A. Both 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 10.06.2000 P.W. 4 Kalyan Singh lodged a report at P.S. Mau, sub-district Lohaghat, District Champawat stating therein that the marriage of his daughter Ganga Devi was solemnized with the accused/appellant Nain Singh three years ago. After marriage, accused/appellants Nain Singh (husband), Dan Singh (father-in-law) and Smt. Chanchala Devi (mother-in-law) used to harass her for dowry. This fact was told to him by his daughter as well as by his wife. He alleged that 15 days back, accused Nain Singh had taken his daughter with him and he has full confidence that the accused/appellants have committed marpeet with his daughter for dowry, due to which she has died. Police prepared inquest report (Ex. A4) and got send the body for post-mortem. On 11.06.2000 Dr. U.S. Adhikari (P.W. 1) conducted postmortem examination on the dead body and prepared autopsy report (Ex. A1), wherein he opined that deceased had died of asphyxia due to hanging. On the basis of said report, Case Crime No. 1/2000 was registered against the accused/appellants, relating to offence punishable under sections 498-A, 304-B and 306 of IPC. D.S.P. Ashok Kumar Bhatt (P.W. 6) investigated the crime. After interrogation of witnesses and collecting evidence, he submitted charge sheet (Ex. A12) against the accused/appellants Nain Singh, Dan Singh and Smt. Chanchala Devi for their trial under section 498A and 304-B IPC and one punishable under section 3/4 of Dowry Prohibition Act.