STATE OF UTTARANCHAL Vs. RAM NIWAS TYAGI AND OTHERS
LAWS(UTN)-2012-12-158
HIGH COURT OF UTTARAKHAND
Decided on December 27,2012

STATE OF UTTARANCHAL Appellant
VERSUS
Ram Niwas Tyagi And Others Respondents

JUDGEMENT

- (1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 23.07.2004, passed by learned Additional Sessions Judge/FTC III, Dehradun, in Sessions Trial No. 177 of 1998, whereby accused-respondents Ram Niwas Tyagi, Deepak Tyagi, Kuldeep Tyagi, Pradeep Tyagi (s/o Ram Niwas Tyagi) and Smt. Malti Tyagi were acquitted of the charge of offences punishable under Sections 498-A/304-B of the Indian Penal Code and Section 3 And 4 of the Dowry Prohibition Act.
(2.) A complaint (Ext. Ka-1) was written by PW 1 Pradeep Tyagi s/o Sewaram Tyagi r/o Khaee-Kheri, PS Purkazi, District Muzaffar Nagar on 11.08.1998 in PS Raiwala, Dehradun regarding the death of his sister Babita. According to the informant, his sister Babita was married to Kuldeep Tyagi s/o Ram Niwas Tyagi, r/o New Awas Vikas Colony, District Saharanpur on 17.04.1998. Since the date she was married, she was harassed by her in-laws on the pretext of bringing lesser dowry. Babita died on 11.08.1998 at the residence of brother of her husband, who lived in Chhiddarwala in a rented house of Brij Lal Uniyal. When the informant reached Saharanpur to take his sister, he found that the house was locked. On being made an enquiry from the neighbourers, the informant came to know that her in-laws went to the house of Deepak, victim's jeth (brother-in-law). When the informant reached there, he found that the house was bolted from inside. Informant heard the cries of Babita. PW 1 Pradeep Tyagi knocked the door, which was opened after about 20 minutes. When informant entered into his house, he found that Babita was dead. Her dead body was lying on the ground. Her mother-in-law, father-in-law, husband, dewar (brother-in-law) and jeth (brother-in-law) were present. They could not tell anything about the death of informant's sister. According to the informant, it was a case of dowry death.
(3.) A chik FIR (Ext. Ka-17) was lodged on the selfsame day at 7:30 p.m. in PS Raiwala against Ram Niwas Tyagi, Kuldeep Tyagi, Deepak Tyagi, Pradeep Tyagi and Smt. Malti Tyagi, which was registered as case crime no. 252 of 1998 under Section 304-B IPC.;


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