- (1.) These appeals arise out of the judgment dated 26.09.2011 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.42 of 2002, whereby High Court confirmed the conviction of the appellants under Section 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the sentence of imprisonment for life was imposed on each of them.
(2.) Brief facts which led to filing of these appeals are as under:- Deceased-Archana was given in marriage to accused Rahul Mishra on 28.06.1997. Before marriage and after the engagement, Dr. Hirday Narayan Tripathi, father of the deceased, had given a sum of Rs.50,000/- each on three occasions and Rs.63,200/- on 11.07.1997 and also gifted jewellery worth Rs.2,00,000/- to Archana. Archana, after return from honeymoon, visited her parents house and complained several times to her father, mother and brother about the continuous harassment and torture meted out to Archana by her in-laws and husband and that they used to abuse her in connection with demand of dowry. Between 09.08.1997 to 10.08.1997, Archana visited her parents house. On 09.08.1997, Archana informed her brother- Santosh (PW-2) about the demand of Rs. 5,00,000/- by the appellants and PW- 2 told Archana that he will talk to the appellants. On 10.08.1997, appellant Rahul came to Archana's house and had taken back Archana to his house. On 10.08.1997, PW2-Santosh Kumar visited the house of the accused and tried to pacify the accused regarding their demand of Rs. 5,00,000/-; but the accused persisted in their demand. On 13.08.1997, PW1-Dr. Hirday Narayan Tripathi visited various institutions to find job for Archana. On the same day, Archana was admitted in the hospital as a suspected case of poisoning and she died due to poisoning. Law was set in motion by PW1-Dr. Hirday Narayan Tripathi and on the basis of the complaint, FIR was registered against the accused in FIR Case No.571/1997 under Sections 306 and 498A IPC at P.S. Kotwali, Dehradun. After investigation, charge-sheet was filed and charges were framed against the appellants-accused by the trial court under Sections 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
(3.) To substantiate charges against the accused, prosecution has examined 14 witnesses. When the accused were questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstances, the accused denied demand of any dowry and pleaded that they are innocent. Upon consideration of evidence, trial court-Additional Sessions Judge, Dehradun vide judgment dated 04.02.2002 convicted the appellants under Section 304B IPC and sentenced them to undergo rigorous imprisonment for life. The appellants were also convicted under Section 498A IPC and each of them was sentenced to undergo rigorous imprisonment for three years with a fine of Rs.2,000/- each with default clause. They were also convicted under Sections 3 and 4 of the Dowry Prohibition Act and were sentenced to undergo rigorous imprisonment for one year with a fine of Rs.1,000/- each with default clause. All the sentences were ordered to run concurrently. Aggrieved by the verdict of conviction, the appellants preferred an appeal before the High Court which came to be dismissed confirming the conviction and sentence imposed on the accused by the trial court.;