ARJUN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is preferred by the convict Arjun Singh challenging the judgment and order dtd. 7/4/2014 passed by learned Additional Sessions Judge, Khatima, Udham Singh Nagar in Session Trial No.27/2012 (State Vs. Arjun Singh) whereby he was convicted under Sec. 498-A IPC and sentenced to undergo three years' rigorous imprisonment with fine of Rs.1,000.00. He was further convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000.00, with default stipulations.

(2.) The factual matrix of the case is that Smt. Dropati Devi filed an FIR on 14/10/2011 with the allegations that the marriage of her daughter-Reena was solemnized with the appellant Arjun Singh. After two years of marriage, a cow and Rs.10,000.00 were given to her son-in-law. In spite of that, her son-in-law was not happy and started to harass her daughter. Ten days ago, her son-in-law assaulted her daughter and asked her to bring Rs.50,000.00 from her parents. She denied to give dowry. On 13/10/2011 when the parents of Arjun Singh went to the market at about 4:30 PM, the accused killed her daughter by the blow of an axe.

(3.) A Chick FIR was lodged at about 3:20 AM at Police Station Nanakmatta, Khatima, District Udham Singh Nagar while the inquest report was prepared on 13/10/2011. Thereafter, the post mortem on the body of deceased was conducted at Khatima on 14/10/2011 at about 3:00 PM. After completion of investigation, charge sheet Ex.A-17 was filed against the accused Arjun Singh under Ss. 302 and 498-A of IPC. Charges were, accordingly, levelled against the accused, to which he pleaded not guilty and claimed trial.