LAWS(HPH)-2011-12-1

JIWAN LAL Vs. STATE OF HIMACHAL PRADESH

Decided On December 23, 2011
JIWAN LAL Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The appellant was convicted and sentenced by learned trial Court for offence punishable under Sections 498-A and 306 of the Indian Penal Code, whereby he was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of L 5,000/- under Section 306 of the Indian Penal Code and also rigorous imprisonment for six months and to pay fine of L 500/- under Section 498-A of the Indian Penal Code with the default clauses. Both the sentences are ordered to run concurrently, which have been challenged in the present appeal.

(2.) It is alleged that the accused had been picking up quarrels with the deceased on trivial matters and used to give beatings to her and further that he also proclaimed that the dowry articles were not of good standard.

(3.) The accused was accordingly chargesheeted, to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined the parents of the deceased (PW-1 and PW-5) and PW2 Smt. Tara Devi and also PW-3 Smt. Bimla Devi from the matrimonial village of the deceased, PW-4 Sh. Moti Ram, cousin of the deceased, PW-7 Smt. Dharma Devi, her married sister and PW-9 Sh. Rajinder Singh, her brother, besides examining the Doctor and other officials witnesses including the Investigation Officer.