SANTOKH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 13.12.2011, rendered by learned Sessions Judge, Udham Singh Nagar, in Session Trial No. 187 of 2010, whereby the respondents-accused, who were charged with and tried for the offences under Section 304B/201 of IPC, have been acquitted.

(2.) The case of the prosecution, in a nutshell, is that an FIR was lodged on 05.05.2010 by Santokh Singh to the effect that his daughter namely Maninder Kaur was married to Parvinder Singh, S/o Nagendra Singh, four years back. He has given the dowry as per his capacity. However, the respondents were not happy with the dowry. His daughter used to be beaten up by the respondents. He has tried to resolve the matter with the help of Paramjeet Singh and Hardeep Singh. His daughter was pregnant. His daughter gave birth to a dead baby. His daughter was also beaten 2-3 months back. She was forced to seek divorce, failing which, she was threatened to be killed. This incident was narrated to him by his daughter on telephone. On 05.08.2010, at about 08:00 AM, he received a telephonic message from Paramjeet that Parvinder, Nagendra and Gurmeet Kaur have killed his daughter. They were trying to cremate her. He reached the spot. The dead body was sent for postmortem examination. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as nine witnesses in its support. The statements of the respondents were also recorded under section 313 of Cr. P.C., 1973 They have denied the case of the prosecution. They have also examined one witness as DW 1 Amarjeet Singh. The accused-respondents were acquitted. Hence, this appeal. The appeal qua Nagendra Singh had abated after his death during the court of trial.

(3.) Learned Counsel for the appellant has vehemently argued that the prosecution has proved its case against the respondents-accused. Learned Advocates on behalf of the respondents has supported the judgment dated 13.12.2011.