SURENDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 23-7-2002 passed by learned Sessions Judge Kinnaur Sessions Division at Rampur Bushahr, Camp at Reckong Peo in Sessions Trial No. 16 of 2001 convicting the .appellant under Sections 306,498-A IPC and sentencing him to undergo rigorous imprisonment for 5 years and fine of Rs. 1000/- under Section 306 IPC, rigorous imprisonment for 2 years and fine of Rs.1000/- under Section 498-A IPC In default of payment of fine further simple imprisonment for 3 months each. The substantive sentences of imprisonment were ordered to run concurrently.

(2.) The prosecution case in brief is that on 27-8-1999 in the morning, the dead body of Sangya Devi was noticed hanging in her verandah by PW-2 Shishi Ram, who reported the matter to police vide report No. 6, copy Ex. PW-2/A. Police Station, Bhabanagar. PW-6 Gian Chand ASI took photographs, untied the rope with which the dead body of Sangya Devi was hanging. The Postmortem on the dead body of Sangya Devi was conducted by PW-8 Dr. D.'S. Duttal On 28-8-1999 who issued postmortem report Ex. PW- 8/A. PW-1 Tula Ram lodged written complaint Exv PW-l/A on 28-8 1999 to in-charge police Station, Bhabanagar. and there upon FIR Ex. PW-6/D was registered at Police Station, Bhabanagar. PW-6 Gian Chand ASI and PW 10 Ramesh Chand ASI conducted, the investigation and on completion of investigation challan was presented in the Court for offence punishable under Sections 306. 498-A IPC.

(3.) The appellant was charged for offence punishable under Sections 306, 498-A IPC. The appellant pleaded not guilty and claimed trial. The prosecution has examined 10 witnesses and produced documentary evidence. The statement of appellant was recorded under Section 313 Cr.P.C, he denied the prosecution case. The appellant did not lead any evidence in defence. The learned Sessions Judge on 23-7-2002 convicted and sentenced the appellant as noticed above, hence appeal by the accused.