RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (here-in after referred as Cr. P. C.), is directed against the judgment and order dated 29-09-1992, passed by the then learned Sessions Judge, Chamoli, in Sessions Trial No. 22 of 1991, whereby the accused / appellants-Ramesh Chandra and Kabutra Devi are convicted under Sections 304 B and 498 A of Indian Penal Code, 1860 (herein after referred as I. P. C.) and sentenced each one of them to undergo imprison ment for life (under Section 304 B I. P. C.) and rigorous imprisonment for a period of three years (under Section 498 A I. P. C.)

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussions, we think it just and proper to mention the ante mortem injuries found on the dead body of the deceased by P. W. 5 Dr. H. N. Srivastava, on post mortem examination conducted on 26-10-1990 at 4:00 p. m. , who prepared autopsy report (Ext. A-7 ). Ante mortem injuries mentioned in the report is being reproduced below : Ligature mark around neck between larynx and trachea which is directed obliquely upward following the line of mandible on left side and at the back reaching the mastoid process behind the left ear. It is deep seated and 37 cm x 2cm and base being pale hard lathery and perchurent. Margins red and congested and some haemohrrage also seen. "neck found slightly elongated. Head on left side titled and congested, swollen, pupils dilated, tongue in between teeth and swollen. No saliva seen. Hands clinched. " The Medical Officer opined that cause of death of the deceased was due to asphyxia as a result of hanging. The autopsy report (Ext. A-7), prepared by P. W. 5 Dr. H. N. Srivastava, establishes on record that Manjula Semwal (de ceased) had died unnatural death. Now the question before this Court is whether it is proved on record or not that accused/appellant Ramesh Chandra (husband of the deceased) and Smt. Kabutra Devi (mother-in-law of the deceased) have commit ted dowry death, as defined in Sec tion 304 B I. P. C. It is further required to be seen whether it is proved on record or not that the deceased was subjected to cruelty and harassment for non fulfilment of demand of dowry by the accused/appellants, which is punishable under Section 498 A I. P. C.