STATE OF UTTARAKHAND Vs. KULDEEP GOYAL & OTHERS

JUDGEMENT

(1.) The State has preferred this appeal against the judgment and order dated 24.06.2011, rendered by learned 6th Additional Sessions Judge, Dehradun, in Sessions Trial No.90 of 2012, whereby the respondents-accused, were tried and charged with for the offences punishable under Sections 498A 304B of I.P.C. and under Section 3/4 of Dowry Prohibition Act, and were acquitted.

(2.) Briefly stated according to the prosecution, respondent no.1 Kuldeep Goyal enticed the daughter of the informant and married her on 01.03.2012. Soon after the marriage, respondents started maltreating and harassing the deceased Puja for the want of dowry. The deceased conveyed the same to the first informant. On 12.05.2012, first informant got a call that the deceased has consumed poison. By the time he reached hospital, Puja had already died. An FIR.to this effect was given by father of the deceased Gopal Singh Mehta on 12.05.2012 at 1.00 p.m. Inquest of the deceased Puja was prepared and post mortem was conducted on 12.05.2012 at 3.55 p.m. by PW7 Dr. Ramchandra Singh Rawat. According to the post mortem report, the cause of death could not be ascertained and viscera was preserved for chemical examination. Forensic Science Laboratory later found that the viscera contained Aluminium Phosphate poison. After investigation, charge sheet under Section 498A and 304 B I.P.C. was filed against the respondents. On 26.07.2012 charges under Sections 498A, 304B and 3/4 of Dowry Prohibition Act, 1961 were framed against the respondents, namely, Kuldeep Goyal, Rajendra Goyal and Vimlesh Goyal to which, they denied and claimed trial.

(3.) Prosecution examined in all twelve witnesses namely PW1 Head Constable, Lalit Prasad Joshi, PW2 Gopal Singh, PW3 Kalawati, PW4 Deepak Mehta, PW5 Smt. Sangeeta Kannaujia, PW6 Sumit Panwar, PW7 Doctor Ramchandra Singh Rawat, PW8 Chandra Shekhar Joshi, PW9 Navneet Singh Bullar, PW10 Sub-Inspector Neeraj Chaudhary, PW11 Ajay Kumar and PW12 Constable Mohd. Ikrar.