SANTOSH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 25.07.2006 passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.36 of 2004, State v. Santosh Singh, whereby the learned Sessions Judge has convicted the appellant Santosh Singh under Section 306/34 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo three years' R.I. with fine of Rs.3,000/-; he was further convicted u/s 498-A/34 IPC and sentenced to undergo two years' imprisonment with fine of Rs.1,000/-, along with default stipulation in both the sections. The sentences were directed to run concurrently.

(2.) Facts, in nutshell, are that PW1 Ram Ratan Singh lodged an FIR on 27.3.2004 at 4 PM with the averments that his daughter Aruna Devi was married to the appellant on 28th February, 2000. Out of the wedlock, two children were born. It is mainly alleged in the FIR that the appellant Santosh Singh along with co-accused Smt. Ujala Devi (mother-in-law) used to harass the daughter of complainant on the pretext of bringing lesser dowry. Two months prior to incident, a Black & White Television was given but even then, the greed of the accused was not satisfied. In the night of 25.3.2004, appellant Santosh Singh gave a telephonic call to the informant that his daughter along with her 11/2 year child has gone somewhere. In the morning of 26.3.2004, the informant along with the appellant went in search of the victim along with other people of village. The dead body of the victim was found at the bank of river.

(3.) The post-mortem (Ex.Ka-2) on the body of deceased was conducted wherein as many as 03 injuries were noticed. The cause of death was opined due to antemortem drowning resulting in asphyxia and death.