SURYA PRAKASH KALA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C), is directed against the judgment and order dated 16.3.1995, passed by learned 1st Additional Sessions Judge, Dehradun, in Sessions Trial No. 132 of 1991, whereby accused/appellant Surya Prakash Kala, has been convicted under sections 498-A and 304-B of Indian Penal Code, 1860 (herein after referred as I.P.C.). Accused/appellant has been sentenced to imprisonment for life under section 304-B I.P.C., and rigorous imprisonment for a period of two years under section 498-A I.P.C.

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

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under section 207 of Cr.P.C., appears to have committed the case to the Court of Sessions, for trial. The learned Additional Sessions Judge, Dehradun, on 2.11.1992, after hearing the parties, framed charge in respect of offences punishable under sections 498-A and 304-B I.P.C. against all the three accused namely, Surya Prakash Kala, his father Rameshwar Prasad Kala and mother Rukmeshwari Devi. All the three pleaded not guilty and claimed to be tried. On this prosecution got examined P.W. 1 Kulanand Sharma (complainant and father of the deceased), P.W. 2 Maya Dayal (Priest of a temple), P.W. 3 Srikant Sharma (brother of the deceased), P.W. 4 Dr. Basant lal (who conducted post mortem examination at Delhi), P.W. 5 Sushil Mehrotra (witness of the inquest report), P.W. 6 Sumit (minor son of the deceased and appellant), P.W. 7 Head Constable Kishmba Singh (who prepared check report of First Information Report), P.W. 8 Sub-Inspector Baljeet Singh (who started investigation), P.W. 9 Sanjeev Kumar Sharma (witness of preparation of recovery memo of clothes), P.W. 10 Deputy S.P. Sudhakar Singh (who completed the investigation). The oral and documentary evidence was put to the accused under section 313 Cr.P.C. in reply to which all the three accused admitted that Sunita was married to Surya Prakash Kala on 5.3.1983, but in respect of rest of the evidence the same was alleged to be false. The parents of the accused/appellant pleaded in their statement under section 313 Cr.P.C. that they used to live separately from their son (Surya Prakash Kala), as they had no cordial relations with him. On behalf of defence, D.W. 1 Surya Prakash Kala (accused/appellant, reference- section 315 Cr.P.C.), D.W. 2 Anil Kumar Jain, who is said to have informed the accused that there had been fire in the house, D.W. 3 Ramesh Prasad Kudiyal through whom accused/appellant sent information to the parents of the deceased regarding the incident of fire and D.W. 4 T.S. Rawat, who has stated that accused/appellant took loan of Rs. 5,000/- for treatment of his wife. The Trial Court after hearing the parties, found that charge is not proved against accused Rameshwar Prasad Kala (father-in-law of deceased) and Rukmeshwari Devi (mother-in-law of the deceased), and acquitted them of the charge of offences punishable under sections 498-A and 304-B I.P.C. However, the Trial Court found accused/appellant Surya Prakash Kala (husband of the deceased) guilty of charge of offences punishable under sections 498-A and 304-B I.P.C. After hearing on sentence, the convict is sentenced to imprisonment for life under section 304-B I.P.C. and rigorous imprisonment for a period of two years under section 498-A I.P.C. Aggrieved by said judgment and order dated 16.3.1995, passed by 1st Additional Sessions Judge, Dehradun, in Sessions Trial No. 132 of 1991, this appeal is filed before Allahabad High Court on 25.4.1995, where it was admitted on 24.4.1995. The appeal is received by this Court under section 35 of U.P. Reorganisation Act, 2000 (Central Act 29 of 2000).