MADAN GOPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has challenged his conviction under Sections 498-A, 306 and 201 of the Indian Penal Code (hereinafter referred to as the IPC). He has been sentenced for the offence as under:

(2.) The prosecution case in brief and the facts not disputed are that deceased Nisha aged about 19 years was married to accused Madan Gopal on 1.7.2009. She died on 30.9.2009 under abnormal circumstances in her matrimonial home. She was taken to Primary Health Centre, Darlaghat where she was declared dead on arrival.

(3.) The accused was arraigned for offences under Sections 498-A, 304-B and 201, IPC. In order to prove its case, the prosecution has examined 17 witnesses. On the conclusion of the trial, the learned trial Court after appraisal of the evidence on record, convicted the accused for offences as noticed above. The learned trial Court formulated three points for consideration. The first being as to whether the prosecution has been able to prove that immediately/soon before the death of deceased Nisha, she had been subjected to cruelty/harassment on account of demand for dowry. The second point was as to whether the prosecution has been able to prove the commission of offences punishable under Sections 306, 498-A and 201, IPC. On the first point, the learned trial Court holds that no demand for dowry etc., and cruel treatment has been proved. On the second point, the learned trial Court holds that the prosecution has been able to prove its case and proceeded to convict the accused.