RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant has been tried and convicted for the offences under Sections 498A and 304B of the Indian Penal Code.

(2.) The brief facts requiring consideration for the decision of this appeal are that marriage of the deceased Swarna was solemnized with the Appellant herein, about one and a half year prior to the incident, i.e. on 30-7-2008. The prosecution case is that the marriage was solemnized in accordance with Hindu Rites and Customs. 5/6 days after the marriage, the deceased complained to her parents that she was being ill-treated as she was accused of not bringing enough dowry. After about 11/2 months of the marriage, the Appellant left for Gujarat, where he was employed and the deceased went to her parents house, where she remained for about one year.

(3.) Three months prior to the occurrence, the Appellant returned from Gujarat and brought the deceased from her parents house to his village Behru (Samot). Swarna died on 29-7-2008. At about 7.00 a.m., Shashi Kumar (PW-9), resident of Village Kamla, went to her parents house and informed them about her death. Up-Pradhan of the Gram Panchayat also informed PW-14 A. S. I. Harnarayan Singh about her death. F. I. R. No. 73/08 was recorded against three persons, namely, the Appellant, Vidya Devi mother-in-law of the deceased and Tilak Raj (Jaith) brother-in-law of the deceased, all of whom were accused before the learned trial Court. The dead body was sent for postmortem examination which confirmed her death by burn injuries. According to the prosecution, the case of dowry death was made out on the statements of the witnesses, especially that of PW-1 Ami Chand, father of the deceased. Ext. P. W. 1/A is the statement made by him.