LAWS(HPH)-2014-9-90

RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 23, 2014
RAKESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.8.2014, passed by the learned Sessions Judge, Chamba, in Sessions Trial No. 32 of 2012 (7 of 2014), whereby the appellants/accused have been convicted and sentenced to undergo rigorous imprisonment for a period of seven years each under Section 304 -B/34 of the Indian Penal Code and rigorous imprisonment for one year each and to pay a fine of Rs.1000/ - each under Section 498 -A/34 of the Indian Penal Code.

(2.) THE prosecution story in brief that on 7.8.2012, at about 8.45 A.M. complainant Ravi Kumar got recorded his statement before ASI Sher Singh, Incharge of Police Post, Sihunta to the effect that he is resident of village Ghebat Bed, Gram Panchayat, Mubarkpur, Tehsil Amb, District Una, H.P. For the last 30 years he along with his family is living in village Nagra, Jalandhar (Punjab). The complainant is having two daughters and the elder daughter Meenu aged 21 years was married with appellant No. 1, Rakesh Kumar in the year 2010 as per Hindu rites and customs. He further reported that his daughter was being tortured by the appellants since the time of her marriage, which fact was being told to him and his other relatives by his daughter Meenu, regarding which oral and written compromise had taken place in the local Gram Panchayat, Tundi. He has further reported that his daughter Meenu had asked him many times to meet the demand of money made by her husband and her in -laws. On many occasions, his daughter had also disclosed him that her mother -in -law and father -in -law used to taunt her that she is not good looking. He further reported that such incident had occurred in July, 2012, when her in -laws had admitted there mistake and thereafter a written compromise had been entered into.

(3.) ON the basis of the statement of the complainant, FIR was registered against the appellants. The investigation was conducted by ASI Sher Singh, who visited the spot and got clicked the photographs of the dead body and he also filled in inquest papers, prepared site plan and took into possession pieces of bangles, cloth pieces, cloth, dupatta, which was tied with roof, compromise deed, copy of parivar register etc. etc. After post mortem, dead body was handed over to the parents of the victim. In the opinion of the Medical Officer, death of deceased had occurred due to "mechanical asphyxia followed by respiratory failure to cardiac failure". Viscera of victim was preserved and sent to RFSL, Dharamshala and on receipt of report thereof, it was reported that no poison was detected in the viscera.