BANBIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) P. C. Verma, J. The accused/appellant Banbir Singh has preferred this criminal appeal against the judgment and order dated 29-11-2001, passed by Sessions Judge, Udham Singh Nagar, in ST. No. 308/1999, convicting the accused/appellant U/ss 498-A I. P. C. , 304-B I. P. C. and Sec tion 3/4 Dowry Prohibition Act and sen tencing him to undergo imprisonment for life U/s 304-B I. P. C. ; two years R. I. U/s 498-A I. P. C. and five years R. I. and fine of Rs. 15,000/- U/s 3/4 Dowry Pro hibition Act and in default of payment of fine to further undergo R. I. for one year. All the sentences to run concur rently.

(2.) THE prosecution case in brief is that on 13-6-1999 at about 3. 10 P. M. complainant Rajesh Singh lodged writ ten report, Ext. Ka. l at RS. Banbasa with the allegations that his younger sis ter Smt. Rekha Singh was married to accused Banbir Singh on 12-3-1999. After marriage accused demanded ru pees one lac as dowry. THE dowry de mand was not fulfilled by the complainant and due to this reason the accused started beating Smt. Rekha Singh and also threatened to kill her. On 7-6-1999 when Smt. Sarala Devi, the mother of the complainant, went to the in-laws house of Smt. Rekha Singh, then the accused again made demand of dowry of Rs. One lac and used unpleasant talk. On 13-6-1999 Prahlad Singh, the elder brother of the accused informed Rajesh Singh, the complainant at Bareilly Police Line that his sister Rekha Singh had died. THEreafter on 13-6-1999 itself the complainant went to the house of accused and there he came to know that the accused has killed Rekha Singh by burning her. On the basis of written report, chick F. I. R. Ext. Ka. 13 was drawn at the Police Station and the case was registered against the accused.

(3.) ON committal of the accused to the court of Sessions, the Sessions Judge framed charges U/ss 498-A I. P. C. , 304-B I. P. C. and Section 3/4 Dowry Prohibition Act, against the accused. He pleaded not guilty and claimed his trial.