SUNDAR LAL Vs. STATE

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 21.12.2012, rendered by learned Sessions Judge, District Tehri Garhwal, in Sessions Trial No.10 of 2012, whereby the appellant was charged with and tried for the offences under Section 498-A, 304-B, 302 IPC and Section 3/4 of Dowry Prohibition Act. The appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- under Section 302 IPC and in default of payment of fine to undergo six months rigorous imprisonment. The appellant was also convicted and sentenced to undergo ten years' rigorous imprisonment under Section 304-B IPC. He was further convicted and sentenced to undergo two years' rigorous imprisonment and to pay a fine of Rs.500/- under Section 498-A and in default of payment of fine to undergo one month rigorous imprisonment. He was further convicted and sentenced to undergo six months' rigorous imprisonment under Section 3/4 of Dowry Prohibition Act. All the sentences were directed to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that one Bachan Das, S/o Bag Das, R/o Village Gawana, Patti Dangar, District Tehri Garhwal has submitted a Tehrir before the Revenue Police Hisriyakhal, Tehri Garhwal with allegations that his daughter Smt. Rameshwari was married with the appellant as per Hindu Rites and Rituals. One daughter was born out of the wedlock. The appellant and his mother and sister-in-law used to harass and administer beatings to his daughter. His daughter used to complain about the maltreatment meted out to her by her in-laws. Whenever she visited her parents house, they used to demand dowry. On 23.12.2011, at midnight, the in-laws of his daughter killed her for dowry. He received the information on 25.12.2011 at 07:30 hours. The appellant has never informed him. The FIR was registered. The inquest report was prepared. Thereafter, the dead body was sent for postmortem examination. The cause of death of the deceased was asphyxia due to strangulation. The matter was investigated and the challan was put up against the accused after completing all the codal formalities.

(3.) The prosecution has examined as many as ten witnesses in its support.