MANOJ KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 02.06.2004 passed by learned Sessions Judge, Nainital in Sessions Trial No. 371 of 1998 whereby learned Session Judge was pleased to convict the appellants under Section 306 IPC and sentenced them to undergo three years rigorous imprisonment each under Section 306 IPC.

(2.) It is reported that appellant no. 3 Banke Lal has already died, therefore, appeal against appellant no. 3 has already been abated by this Court vide order dated 11.12.2017.

(3.) Brief facts of the present case are that marriage of deceased Babita was solemnized with appellant no. 1 on 02.06.1996 as per Hindu Rites and Rituals. After one month of marriage, Babita came to her parental home. After three month of marriage, father-in-law appellant no. 3 came parental home of Babita and took Babita with her. After five month of marriage, again Babita came to her parental house. Babita informed their parent that their in-laws are not happy with her. They are saying that they get sufficient dowry but their bride (Babita) is not beautiful. Babita is afraid that appellant no. 1 may not solemnize another marriage. Babita was mentally disturbed. Her husband wants to marry with beautiful girl of hill area. Fifteen days before the incident, Babita informed all her tyranny to her parents. On 07.05.1997, Babita committed suicide. Banke Lal lodged a complaint with police station Ram Nagar on 08.05.1997 at 06.35 a.m. Appellants performed last rites of Babita without informing the parents of Babita.