PIAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has come in appeal against judgment of conviction and sentence under Sections 498-A, 306 IPC passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No.33-K/VII/2002. THE appellant has been sentenced to undergo rigorous imprisonment under Section 498-A for two years and to pay a fine of '2000/-. He has been sentenced under Section 306 IPC to undergo imprisonment for five years and to pay a fine of '2000/-. In default of payment of fine on both counts the convict shall suffer imprisonment for six months each. THE sentences have been ordered to run concurrently.

(2.) THE prosecution case in brief is that Nirmla Devi alias Nimo was married on 25.11.2001 with Ramesh Chand son of appellant Piar Chand and Smt. Bhutto Devi. Sushma Devi is the sister of Ramesh Chand. Nirmla Devi was treated with cruelty for not fulfilling the demand of dowry. Nirmla Devi fed up with such demands and cruelty at the hands of her husband Ramesh Chand and his relations hanged herself in matrimonial home on 14.6.2002.

(3.) PW-2 Hari Chand after the death of Nirmla Devi had submitted an application Ex.PW-6/D to PW-6 Gurcharan Singh, Pardhan Gram Panchayat for return of dowry articles. The Pardhan advised Hari Chand that till the release of the accused, the dowry articles may not be taken and therefore, the dowry articles were kept in an almirah. Key of the almirah was entrusted to Pardhan but after release of the accused from the custody, they refused to part with the dowry articles to the father of the deceased.