STATE OF UTTARAKHAND Vs. DINESH SINGH & OTHERS

JUDGEMENT

(1.) This Government Appeal, preferred under Section 378 (3) of Code of Criminal Procedure, 1973, is directed against the judgment & order dated 26.03.2012, passed by the learned Additional Sessions Judge/F.T.C. Ist, Dehradun in Special Sessions Trial No. 06 of 2009, whereby the said Court has acquitted the accused/respondents Dinesh Singh, Smt. Pushpa Devi, Km. Surabhi and Sachin from the charge of offences punishable under Section 304-B read with Section 34 I.P.C. and Section 3 (1) (10) of S.C./S.T. Act.

(2.) Heard learned counsel for the parties and carefully perused the lower Court record.

(3.) Prosecution story, in brief, is that the complainant, Goverdhan Lal, lodged the First Information Report on 205.2008 at Police Station Mussoorie, District Dehradun stating therein that, two years ago, the marriage of the daughter of the complainant was solemnized with Sachin S/o Dinesh, resident of Choprasaar, Near Mussoorie Lake, Mussoorie. Out of the said wedlock, one female child was born. It is alleged in the said report that, after the marriage, Sachin and his family members used to harass his daughter by saying that she belongs to Scheduled Caste Community and the family members of Sachin usually used to demand dowry and they used to tell her that all the money of her father has been saved, immediately bring the money. It is reported in the F.I.R. that, on 18.05.2008 from 11 O' clock onwards, 18 missed calls were made by the daughter of the complainant on his mobile no. 9410934307. Thereafter, the complainant tried to talk to his daughter on phone; but, he could not contact his daughter. At around 03:00 04:00 on 19.05.2008, his daughter got burned; whereas, the family members of Sachin informed around 05:00 p.m. that the daughter of the complainant is suffering from fever and she is at Community Hospital. When the complainant reached at the Hospital, then he was informed by the doctor that Deeptika is 95% burned and is not in a position to talk. Due to extreme burning, Deeptika was referred from Mussoorie to Dehradun and then Dehradun to Delhi. On 20.05.2008 at around 10:30 a.m., Doctor of the Safdarjang Hospital declared Deeptika dead. It is further reported in the F.I.R. that Deeptika was harassed by Sachin, his mother and his sister and from time to time casting indicating words were hurled to her and on 19.05.2008 they got away her life. In the report, the complainant requested to lodge an F.I.R. against the accused persons and to take legal action against them. On the basis of said report, Chik report was prepared and Case Crime no. 41 of 2008 was registered in respect of offence punishable under Section 304-B of I.P.C. and Section 3 (kha) of S.C./S.T. Act against the accused respondents. Investigation was taken up by Circle Officer G.C. Tamta, who interrogated the witnesses and started investigation. After completion of investigation, the said Investigating Officer submitted chargesheet against the accused persons for their trial in respect of offence punishable under 304-B I.P.C. and Section 3 (1) (10) of S.C./S.T. Act.