HEMNATH GOSWAMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this jail appeal, the judgment and order of conviction recorded by the 4th Additional Sessions Judge dated 24.7.2014 has been put to challenge before this Court.

(2.) The charges were levelled against the accused Hemnath Goswami for the offences of Section 498A, 304B IPC and 3/4 Dowry Prohibition Act and the trial culminated finding the accused guilty for all these offences. Learned Trial Court passed the sentence of 3 years' RI and fine of Rs. 1000/- for the offence of Section 498A IPC; 8 years' RI and fine of Rs. 5,000/- for the offence of Section 304B IPC; 5 years' RI and fine of Rs. 15,000/- for the offence under Section 3 of the Dowry Prohibition Act and one year's RI and fine Rs. 1000/- for the offence of Section 4 of the Act. It has been directed that all the sentences shall run concurrently. It has also been directed that in default of payment of fine, the accused shall undergo three months' additional simple imprisonment.

(3.) The facts are that Hemnath Goswami was married with Smt. Hema Goswami on 20.4.2008 and soon after the marriage, demand of dowry in the nature of supplying a motorcycle by her mother was being raised by the accused. Her mother somehow arranged rupees ten thousand and gave it to Hemnath Goswami in order to satisfy him in the expectation that he will not further beat her daughter Smt. Hema Goswami. All efforts on the part of the mother of the deceased, who has been examined during the course of trial as PW5, to satisfy her son-in-law went in vain and ultimately Smt. Hema Goswami was found dead in the house where the accused lived as a tenant in village Sunargaon within the territorial jurisdiction of Police Station Doiwala, Dehradun. Place of occurrence is situated at a distance of 7 kilometres from the police station.