RAVI KANT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), are directed against the same judgment and order dated 25 -03 -2003, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 84 of 1998 and Sessions Trial No. 24 of 1999, whereby accused/Appellants, Ravi Kant, Shree Kant, Shashi Kant and Sri Niwas, are convicted under Section 498A of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), 304 B I.P.C. and one punishable under Section 4 of Dowry Prohibition Act, 1961. Each of the convict/Appellants is sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/ - under Section 304B I.P.C., to rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/ - under Section 498A I.P.C. and rigorous imprisonment for a period of one year and to pay fine of Rs. 2,000/ - under Section 4 of Dowry Prohibition Act, 1961.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) THE Judicial Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 Code of Criminal Procedure committed case to the court of Sessions, for trial. On 10 -09 -1998, after hearing the parties, learned Sessions Judge, Dehradun, framed charge of offences punishable under Sections 498A I.P.C., 304B I.P.C. and one punishable under Section 4 of Dowry Prohibition Act, 1961. He further framed alternative charge of offence punishable under Section 147 I.P.C. and one punishable under Section 302 read with Section 149 I.P.C. All the five accused namely, Ravi Kant, Sri Kant, Shashi Kant, Padma Devi and Sri Niwas, pleaded not guilty and claimed to be tried. It appears that during trial, accused Padma Devi, mother -in -law of the deceased died and her trial stood abated. The case proceeded against other accused, who are the Appellants before this Court. Prosecution got examined before trial court P.W.1 - Smt. Krishna Kaul (complainant and mother of the deceased), P.W.2 Rajeev Lochan Kaul (brother of the deceased), P.W.3 Vimla Khanna (hostile), P.W.4 H.C. Khanna (hostile), P.W.5 Head Constable Bhuwa Nand (who proved the extract of general diary, relating to the entry of First Information Report dated 10 -02 -1998, lodged at police station by the deceased), P.W.6 Constable Mohan Singh Bisht, (who proved extract of general diary relating to the entry of First Information Report dated 26 -02 -1998), P.W.7 Sub Inspector Mohd. Waseem Siddique (who investigated the crime, registered on the basis of the report dated 10 -02 -1998, lodged by the deceased and also proved the document, which he prepared on inspection of the spot by Investigating Officer S.S. Chauhan, in crime No. 16 of 1998), P.W.8 Kalpana Saxena (Investigating Officer who completed the investigation), P.W.9 Surendra Singh Chauhan (who started the investigation), P.W. 10 Dr. D.N. Dhyani (who conducted autopsy on the dead body), P.W.11 Ashish Pandey (who photographed the hanging dead body) and P.W. 12 Gajendra Tripathi {witness of the inquest report, recovery of saari and chappals from the spot). Apart from this, an affidavit of formal witness of Hanuman Singh was also filed, who proved memorandum (Ext. A -19) relating to the collected broken bangles. The defence was given opportunity, but did not cross examine this deponent -Hanuman Singh. Prosecution evidence was put to the accused under Section 313 Code of Criminal Procedure regarding which they pleaded the same to be false. Only this much is admitted by them that Ujwala (deceased) got married to Ravi Kant on 28 -01 -1995. At the end of the reply under Section 313 Code of Criminal Procedure the accused stated that Ujwala was mentally a weak woman. She used to live separately with her husband in the first floor. Accused/Appellants have alleged that Ujwala committed suicide. No oral evidence is adduced by the defence. After hearing the parties, the trial court found all the four accused namely Ravi Kant, Sri Kant, Shashi Kant and Sri Niwas guilty of offences punishable under Sections 498A and 304B I.P.C. and one punishable under Section 4 of Dowry Prohibition Act, 1961. However, accused were acquitted by the trial court of the charge of offence punishable under Section 3 of Dowry Prohibition Act, 1961 After hearing on sentence, each of the convict, is sentenced to imprisonment for life under Section 304B I.P.C. and to pay fine of Rs. 5,000/ -, to rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/ - under Section 498A I.P.C, to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 2,000/ - under Section 4 of Dowry Prohibition Act, 1961. Aggrieved by said judgment and order dated 25 -03 -2003, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 84 of 1998 and Sessions Trial No. 24 of 1999, criminal appeal No. 119 of 2003, is filed by the convict Ravi Kant (husband of the deceased) and criminal appeal No. 117 of 2003, is filed by remaining three convicts namely Shri Kant, brother -in -law (Jeth), Shashi Kant brother -in -law (Devar) and Sri Niwas (father -in -law).