KUNDAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 13-12-2001, passed by Sri Ram Das, the then Ses sions Judge, Bageshwar in S. T. No. 21 2001, whereby the appellant-Kundan Singh was convicted and sentenced to undergo R. I. for a period often years under section 304b I. P. C.-Both the ap pellants were convicted and sentenced to undergo R. I. for a period of two years under section 498a I. P. C. However, the appellant-Mohan Singh was acquitted from the charge under section 304b I. P. C. All the sentences would run concurrently.

(2.) BRIEF facts of the prosecution case are that a report was lodged on 24-8-2000 at the patti patwari by one Anand Singh Rana alleging therein that the marriage of his daughter, Smt Pushpa Devi was solemnized three years' ago with the appellant Kundan Singh according to Hindu rites and cus toms. Immediately after the marriage, her husband used to assault her on account of demand of dowry and the 'jeth' & 'jethani' of his daughter i. e. Mohan Singh and Smt. Kamla Devi re spectively also used to harass Smt. Pushpa Devi by giving her physical and mental torture. Whenever Smt, Pushpa Devi came to her parental house, she used to narrate her parents the entire story about the dowry demand. It was further alleged in the FIR that Smt. Kamla Devi used to say the deceased that they would not keep her in the matrimonial house because Smt. Pushpa Devi (deceased) was not hav ing a child. The investigation was taken up as usual which culminated into the submission of the charge-sheet. After submission of charge-sheet the accused were committed to the Court of Ses sions for trial and the trial court framed charges against the accused persons. The accused persons denied charges levelled against them and claimed the trial.

(3.) THE learned trial court after ap praisal of the evidence on record, the appellants were convicted and sen tenced as mentioned above.