DAYAL RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 24-10-2002, passed by the then Sessions Judge, Bageshwar in S. T. No. 36/2001, whereby both the appellants were con victed and sentenced to undergo R. I. for a period of seven years under Section 304-B I. P. C. Both the appellants were also convicted under Section 498-A IPC, but no separate sentence was passed for the offence punishable under section 498-A I. P. C.

(2.) BRIEF facts of the prosecution case are that a report was lodged on 27-08-2001 at police station Baijnath by Gopal Ram, father of the deceased al leging therein that the marriage of his daughter - Smt. Prema Devi was solem nized with Dayal Ram (appellant) in the month of December of 1977 according to Hindu rites and customs. After the marriage, her husband Dayal Ram and father-in-law Lachhi Ram used to as sault her in connection with the dowry demand. They assaulted her in the last year also, so his daughter came to her parental house leaving two children in her in-laws house. The complaint took his daughter to her in-laws house and advised the accused not to cause cru elty on his daughter. But, his daughter was again subjected to harassment and cruelty by her husband and father-in-law, due to which she jumped into the river and committed suicide on 22-08-2001. The dead body of his daughter was found near the way in Gomti river on 24-08-2001 but no information was given to him by her in-laws. Later on, the infor mation was received by a student Rajendra Singh that Smt. Prema Devi had been missing for three days from the house of her-in-laws. On receiving the said information, Naveen Ram, brother of the deceased and Hari Ram, Village Pradhan went to the house of accused persons on 24-08- 2001 and came to know that the dead body of the deceased was found in the Gomti river. Thereafter, Naveen Ram, son of the complainant informed his fa ther who was working in Delhi. On the basis of report, a Chick FIR was prepared and necessary entries were made in the general diary. The investigation was taken up as usual which culminated into the submission of the chargesheet.

(3.) IN the statement recorded u/s 313 Cr. P. C. the accused persons denied the prosecution case and stated that they have been falsely implicated in this case. They further stated that the de ceased was affected of ill spirits. She went to the river for the work and fell down accidentally in Gomati river. No defence evidence was adduced by the appellants in their defence.