MANOJ NAINWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these appeals arise out of the judgment and order dated 17.11.2016 passed by the First Additional Sessions Judge, Haldwani, Nainital in Sessions Trial No.123 of 2014, State vs. Manoj Nainwal, wherein the accused/appellant has been convicted under Section 498-A IPC and under Section 306 IPC and has been sentenced for rigorous imprisonment for a period of three years with a fine of Rs.5,000/- (Rupees Five Thousand Only) under Section 498-A IPC and sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs.10,000/- (Rupees Ten Thousand Only) under Section 306 IPC, respectively. The sentences are to run concurrently. He has been acquitted under Section 304-B IPC.

(2.) Criminal Appeal No. 410 of 2016 has been filed by the brother of the deceased and Government Appeal No.52 of 2017 has been filed by the State under Section 372 CrPC against acquittal of the accused under Section 304-B IPC.

(3.) A 25 year old married woman, having a two year old child, at the relevant time, died in her matrimonial home on 08.06.2014. The prosecution case is that she was administered poison at the hands of her husband and in-laws. The charge-sheet was, however, filed only against the husband. Subsequently, charges were framed against the accused/appellant under Sections 304-B and 498-A of IPC as well as under Section 3/4 of the Dowry Prohibition Act by the First Additional Sessions Judge, Haldwani vide order dated 12.12.2014. The accused-appellant Manoj Nainwal was finally convicted by the trial court under Sections 306 and 498-A IPC.