NAGENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellants challenge their conviction by the learned trial Court for offences under Section 498 -A of the Indian Penal Code for which they have been sentenced to undergo imprisonment for various terms. The prime accused appellant No.1 has been sentenced to rigorous imprisonment for two years and fine of Rs.3,000/ - while the other two accused have been sentenced till the rising of the Court.

(2.) IN brief the prosecution case is that the deceased Smt. Sheela Devi was married to Nagender Kumar accused in accordance with Hindu rites on 26th April, 1999. At that time, her parents had given more then enough dowry beyond their capacity. The case is that the accused were not satisfied with the dowry. The first accused is the husband, accused No.2 Rajesh Kumar is the brother -in -law (Dewar) and accused No.3 Sheela Wati is Jethani (elder sister -in -law) of the deceased.

(3.) EXT .PW10/A is the post mortem report and the cause of death as recorded therein is probably the death was caused by Asphyxia -. The probable time between the injuries and the death was opined to be 30 minutes. This has been the subject matter of further investigation by the police. The opinion of Dr. D.K.Ghosh (PW9), State Medico Legal Adviser Professor and Head of Department of Forensic Medicine, Indira Gandhi Medical College, Shimla, is that it was extremely difficult to pin point whether the case was one of natural/un -natural death. He opines that it is a case of unnatural death and homicide cannot be ruled out for which a detailed interrogation of the family members should be carried out. The viscera report from the Forensic Science Laboratroy, Junga should also be taken into consideration and the blood report with respect to the pillow and bed sheet taken into possession on 22.4.2000 should also be carefully examined.