STATE OF UTTARANCHAL Vs. KALYAN SINGH

JUDGEMENT

(1.) 1. The present revision has been filed by the State against the judgment and or der dated 22-11-1997 passed by Sri Shailendra Saxena, the then Sessions Judge, Pauri Garhwal in Sessions Trial No. 57 of 1997 by which he had discharged the respondent-Kalyan Singh from the charges.

(2.) BRIEF facts for the disposal of this revision are that an F. I. R. was lodged on 14-02-1997 before the police station on the next day of the incident. It is alleged in the said report that the accused-Kalyan Singh used to harass the deceased in con nection with the dowry. Just two days before the occurrence, i. e. on 12-02-1997, the deceased had come to the house of her father and there she had stated that her husband, the accused / Kalyan Singh was harassing and threatening her to kill. The father of the deceased on the next day sent the deceased to the house of her husband. The occurrence of the death of the deceased took place on 14-02-1997 on the next day when she was sent to the matrimonial house. The matter was inves tigated by the police and chargesheet was submitted before the court.

(3.) THE learned A. G. A. vehemently argued that from the perusal of the case diary and the evidence collected by the I. O. , a prima-facie case was made out against the accused person. He further contended that from the statement of witnesses including the brother of the de ceased and other family members, it is clear that the witnesses supported the averments of the F. I. R. that the deceased was harassed by the accused on the ground that she had not brought sufficient dowry according to the desire and wishes of the accused/respondent. It was further contended by the learned counsel for the State that the court below had erred in law, fact and not considered the matter at the stage of framing of the charge and discharged the accused-respondent. Learned counsel for the respondent refuted the contention.