BHAGWATI PRASAD Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. PC.), is directed against the judgment and order dated 28-01-1992, passed by the then learned Sessions Judge, Tehri Garhwal, in Sessions trial No. 02 of 1991, whereby accused / appellants namely Bhagwati Prasad, Deveshwar Prasad, Sampati Devi and Shiv Prasad have been convicted un der Section 498-A and Section 304-B of the Indian Penal Code, 1860 (hereinafter referred as I. P. C. ). Each one of the con victs has been sentenced to undergo im prisonment for life under Section

(2.) B of I. P. C. and rigorous imprisonment for a pe riod of two years under Section 498-A of I. P. C.

(3.) THE Magistrate, on receipt of charge sheet, after giving necessary cop ies to the accused, as required under Sec tion 207 of Cr. P. C. , appears to have com mitted the case to the court of Sessions, for trial. Learned Sessions Judge after hearing the parties, on 13-03-1991, framed charge of offences punishable under Section 498-A and 304-B of I. P. C. against all the four accused namely Bhagwati Prasad, Deveshwar Prasad, Sampati Devi and Shiv Prasad. In alter native, he also framed charge of offence punishable under Section 306 of I. P. C. All the four accused / appellants pleaded not guilty and claimed to be tried. On this, prosecution got examined P. W. 1 Pitambar Datt (father of the deceased); P. W. 2 Jagat Singh; P. W. 3 Rajendra Singh; P. W. 4 Govind Ram (uncle of the deceased); P. W. 5 Jagdamba Prasad (brother of the deceased); P. W. 6 Chandi Prasad Semwal (Investigating Officer); P. W. 7 Dr. R. K. Pant (who conducted the postmortem examina tion on the dead body of the deceased and prepared the autopsy report Ext. A-7) and P. W. 8 Pareshwar Prasad Joshi (who prepared the inquest report ). THE oral and documentary evidence was put to the accused under Section 313 of Cr. P. C. , in reply to which they stated that the evi dence adduced against them was false and it is further stated by them that Jasoda Devi committed suicide. However, no evidence in defence was adduced on behalf of the accused / appellants. After hearing the parties, the trial court found all the four accused guilty of the offences punishable under Section 498-A and 304-B of I. P. C. After hearing the parties on sentence, learned trial court sentenced each one of the convicts to undergo im prisonment for life under Section 304-B of I. P. C. and rigorous imprisonment for a period of two years under Section 498-A of I. P. C. Aggrieved by said judgment and order dated 28-01-1992, passed by the Sessions Judge, Tehri Garhwal, in Sessions Trial No. 02 of 1991, this appeal was pre ferred by the convicts before the Allahabad High Court on 12-02-1992, where it was admitted on 14-02-1992. THE appeal is re ceived by transfer to this Court under Section 35 of the U. P Re-organization Act, 2000, for its disposal.