RAJESH (IN JAIL) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 19.12.2014 passed by the court of 3rd Additional Sessions Judge, Rudrapur, Udham Singh Nagar in Sessions Trial No.215 of 2010, State Vs. Rajesh and others, by which the appellant has been convicted under Section 302 of the India Penal Code, 1860 (hereinafter referred to as "I.P.C.")and sentenced to life imprisonment and a fine of Rs.30,000/-

(2.) Briefly stated, according to the prosecution, deceased Smt. Rinku was married to the appellant on 15.04.2009, but ever since her marriage deceased Rinku was subjected to cruelty. She was beaten, harassed and taunted for demand of dowry from her parents. The deceased Rinku informed her parents many a times about this treatment. On 03.05.2010, deceased Rinku made a call to her father i.e. the informant Rang Lal and informed him that she is being beaten by her in-laws and they are pressurizing her to bring Rs.50,000/- from her father. Phone was disconnected and again on the same day at 12:00 noon, when informant called his daughter, the phone was picked up by the appellant, who disconnected the phone, but before that, the informant could hear the cries of his daughter from the other side. On the same day, in the afternoon, the informant was told about the death of his daughter Rinku. When the informant reached his daughter's matrimonial house, he found that there were various injuries on the body of the deceased Smt. Rinku. A report of it was given on 03.05.2010 at 7:45 p.m. against Rajesh and four other members of his family. Inquest of the body was prepared. There were various injury marks on the body of the deceased. Postmortem was conducted on 04.05.2010. According to the postmortem report, deceased died of asphyxia due to ante-mortem strangulation. After investigation, chargesheet under Section 498-A, 304-B and 3/4 of Dowry Prohibition Act, 1961 (hereinafter referred to as "D.P. Act") was submitted against the appellant and four other members of his family namely Om Prakash, Jyoti, Mukesh and Smt. Meera Devi, who are father, sister, brother and mother of the appellant respectively.

(3.) Charges under section 302, 498-A, 304-B I.P.C. and 3/4 D.P. Act were framed against the appellant and others on different dates, to which they denied and claimed trial.