YASH PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The convict has come in appeal against judgment dated 23.11.2004 passed by learned Sessions Judge, Bilaspur in Sessions Trial No. 9 of 2001 convicting the appellant under Section 498-A, IPC and sentencing him to undergo rigorous imprisonment for a period of two years and fine of Rs.10,000/-. In default of payment of fine, to further undergo imprisonment for six months.

(2.) The prosecution case, in brief, is that Smt. Shubh Lata, now deceased, daughter of PW-1 Som Nath and sister of PW-11 Savita Devi was married to appellant on 22.1.1999. The deceased after marriage visited her parent's house and stayed there till 27.2.1999. The appellant used to visit his in-laws house during this period. The deceased told PW-11 Savita Devi, her elder sister that appellant was demanding scooter and in case it was not given, she would not be sent to her parents house. PW-11 Savita Devi told this fact to her aunt PW-12 Smt. Naresh Rani.

(3.) On 2.3.1999 at about 12.30 p.m. brother of the appellant came to PW-1 Som Nath along with 3-4 persons and informed them that Shubh Lata was ill and hospitalized at Nangal in some clinic. PW-1 Som Nath visited the house of appellant and found many people gathered there and his daughter Shubh Lata had died due to burns. The statement Ex.PA of PW-1 Som Nath was recorded and thereafter FIR Ex.PG was registered. The post-mortem of the deceased was conducted by PW-8 Dr. N.K.Sankhyan, post-mortem report Ex.PM was obtained. The doctor opined the death due to asphyxia as a result of ante-mortem burn injuries.