MOHAN PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE two criminal appeals have been preferred against the common judgment and order dated 20-12- 2001 passed by Sri R. K. Sharma the then Sessions Judge, Rudraprayag in S. T. No. 13 of 2001 and ST. No. 25 of 2001 whereby the learned Sessions Judge convicted and sentenced the appellant Vinod Prasad to undergo R. I. for a pe riod of ten years u/s 304 B IPC, two years RI u/s 498 A IPC and two years RI u/s 201 I. P. C. Each of the appellants Mohan Prasad, Smt. Basanti Devi and Km. Seema were convicted and sen tenced u/s 498 A IPC to undergo one year RI and a fine of Rs. 5,00/- and they were also convicted and sentenced u/s 201 IPC to undergo one year RI and a fine of Rs. 500/- In default of payment of fine each of the appellant to undergo additional two years S. I. All the sentences were ordered to run concurrently.

(2.) THE prosecution case, in brief, is that the marriage of Smt. Meena daughter of Bhupendra Prasad Maithani (P. W. 1) was solemnized on 18-4-2000 with the appellant Vinod Prasad according to Hindu rites. After the marriage Vinod Prasad (husband), Mohan Prasad (father-in-law), Smt. Basanti Devi (mother-in-law) and Km. Seema (sister in law) of the deceased Meena started demanding Disk T. V. and 10 Tolas of gold. When the above de mand was not fulfilled they committed the murder of Meena on 23-2-2001 who was pregnant. Smt. Meena was M. A. and was working as Nurse in a center at Kanda. On 24-2-2001 at 1. 00 p. m. a telephonic message was re ceived from her in-laws regarding the illness of Meena. Bhupendra Prasad Maithani (P. W. 1) reached at Kanda at 6 p. m. he saw her daughter lying on the cot in dead condition. On 26-2-2001 when the complainant went at the head quarter of Patwari to lodge the report he was informed that his daugh ter's dead body was cremated without informing the police and without con ducting the post-mortem and disap pearance of the evidence of offence was caused.

(3.) THE prosecution in support of its case examined P. W. 1 Bhupendra Prasad Maithani, P. W. 2 Smt. Madambari Devi, P. W. 3 Dineshwari witnesses of fact, P. W. 4 Puran Lal Patwari, P. W. 5 Rajendra Singh, P. W. 6 Chandra Singh postman who proved the letter of the deceased Ex. Ka. 2, P. W. 7 Dwarika Prasad Bhatt and P. W. 8 Thakur Singh Rawat are the Investi gating Officers.