ALOK HALDAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant, against his conviction and sentence, passed by Addl. Sessions Judge/ll ET.C., Udham Singh Nagar, vide his judgment and order dated 3 -5 -2005, in S.T. No. 180 of 2003, State Versus Alok Haldar and others, whereby the accused Alok Haldar was convicted U/S 306 I. P. C. and was sentenced to 10 years RI. and fine of Rs. 2000/ - and in default of payment of fine to further undergo six months imprisonment. However, the accused/appellant Alok Haldar and two other co -accused Smt. Renu Haldar and Smt. Suchitra Haldar were acquitted of the charge U/S 304 -8 I.P.C. BRIEF facts giving rise to this appeal are that marriage of Smt. Seem a and accused appellant Alok Haldar was performed on 13 -5 -2001.

(2.) THE inlaws of Smt. Seem a used to treat her with cruelty for their unlawful demand of dowry. On 16 -04 -2003, Dev Prasad Vishwas, brother of Smt. Seema got information that his sister was murdered by her inlaws. On receiving information Dev Prasad Vishwas along with Jogesh Mandai, Moti Lal, Sunil Rai etc. went at the house of the accused and saw that his sister was dead. Thereafter he lodged written report, Ext.Ka.1 at P.S. Sitarganj. On the basis of written report, chick F.I.R, Ext. Ka.20 was prepared at the Police Station and case was registered in the G.D. against the accused appellant and two others. The inquest on the dead body of deceased Smt. Seema was conducted by the police on 16 -4 -2003 and inquest report Ext.Ka.14 was prepared. The dead body was sealed and sent for post mortem along with photo laas, Police Form No. 13, letter to C.M.O. for post mortem, sample seal and form No. 33, Exts. Ka.15 to Ka.19 respectively. The post mortem on the dead body of deceased was conducted at S.S. Jeena, Hospit61 Haldwani on 17 -4 -2003 at 12.30 P.M. The I.O. also took into possession the piece of saree and stool which was allegedly used by the deceased for committing the suicide vide recovery memo Ext.Ka.13.

(3.) HE also took into possession one register and one copy of the deceased vide memo Ext.Ka.10 and also took into possession the marriage card; bill of ornaments, furniture, T.V., Diary and other articles vide memo Ext.Ka.7. Recovered articles were also sent to Forensic Lab for examination. After completing the investigation the I.O. submitted charge sheet, Ext.Ka.12 against the accused persons.