KAILASH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-1-27
HIGH COURT OF UTTARAKHAND
Decided on January 10,2012

KAILASH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) IN the instant case, criminal law was set into motion by one Redwa Singh son of Kishan Singh resident of village Datiyana, P.S. Chhapar, District Muzaffar Nagar. Informant Redwa Singh was the unfortunate father of deceased. He lodged an FIR on 23.12.1997 at 6:10 pm in P.S. Jhabrera district Haridwar which was registered as crime no. 131 of 1997 under section 304B IPC. The incident took place on 17.12.1997.
(2.) FIVE accused viz. Kailash, Smt. Bala, Baljor, Sompal and Mithilesh were named in FIR. After investigation of the case, Police submitted charge sheet against all of them for the offence punishable under section 304B IPC. When the trial commenced, charges were framed against all the accused persons for the said offence. Prosecution witnesses were examined before the trial court. Statements of the accused persons were taken under section 313 Cr.P.C. They said that they were falsely implicated in the case. One witness viz. DW 1 Veeram Singh, Advocate was produced in defence. Trial court exonerated accused persons Baljor, Sompal, Smt. Bala and Smt. Mithilesh of the charges framed against them. Accused appellant Kailash (husband) was convicted of the offence punishable under section 304B IPC. He was awarded imprisonment for life. Aggrieved against the order -dated 22.08.2009 of the trial court, accused appellant Kailash preferred this criminal appeal.
(3.) ACCORDING to the complainant Redwa Singh, his daughter was married to Kailash on 16.04.1996 according to Hindu customs and rituals. The husband and other members of her matrimonial home were not satisfied with dowry. They ridiculed informant 's daughter for bringing lesser dowry and demanded Rs. 50,000/ - in cash. When daughter of informant came to her parental home, she disclosed everything to them. She said that her husband, her mother -in -law, father -in -law, brother -in -law (jeth) and sister -in -law (jethani) harass her on account of bringing lesser dowry. They beat her and do not provide adequate and proper food to her. She complained to them that her in -laws were insisting for bringing Rs. 50,000/ -in cash. The informant went to Gangadaspur along with his cousins to persuade in -laws of her daughter. They (in -laws) said that they had given lesser dowry. Informant came back to his residence. About a month ago (from the date of lodgment of FIR), appellant husband took his wife to her matrimonial home but the intensity of harassment and cruelty meted out to her daughter continued to remain unabated. A report to this effect was sent to SP, Haridwar (by informant). In the morning of 17.12.1997, the informant was intimated by a person that informant 's daughter was critical. Informant went to his daughter 's matrimonial home along with his Uncle Isam Singh only to find that his daughter was dead. There were marks (of injury) on her neck and hand. Complexion of her face was changed. She was sacrificed on the altar of dowry. Informant Redwa Singh could not bear the shock of death of his daughter and therefore could not lodge FIR promptly.;


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