Decided on October 12,2012

HARI DATT Appellant


- (1.) This appeal, is directed against the judgment and order dated 19.05.2000, passed by learned Sessions Judge, Almora, in Sessions Trial No. 21 of 1996, whereby said court has convicted the accused/ appellant Hari Dutt under section 304B, 498A and 201 IPC, and sentenced him rigorous imprisonment for a period of ten years under section 304B IPC, rigorous imprisonment for a period of three years under section 498A IPC and rigorous imprisonment for a period of three years under section 201 IPC.
(2.) Heard learned Amicus Curiae for the appellant, learned counsel for the State, and perused the lower court record.
(3.) Prosecution story in brief is that accused/appellant Hari Dutt @ Harish Chandra got married to Rekha (deceased) two years before her death in the year 1995. P.W.2 Nand Kishore (brother of the deceased) got lodged first information report (Ex. A1) with Naib Tehsildar Bhikiyasen on 12.07.1995, in which it was alleged that the accused Hari Datt, and his parents have killed his sister (Rekha) on 06.07.1995, after setting her on fire. It is further alleged in the first information report (for short FIR) that time and again accused Hari Datt @ Harsih Chandra used to make demand of dowry. Lastly, it is stated that he demanded Rs. 20,000/- and threatened the deceased of dire consequences. It is also alleged in the FIR that accused did not care even to inform either to the police or to the relatives of the deceased of her parental side, and disposed of the body of the deceased. On the basis of said report crime no. 5 of 1995, was registered by Naib Tehsildar Bhikiyasen. (In Uttarakhand hills certain revenue officials are given police powers). Naib Tehsildar of the area investigated the crime, he interrogated the witnesses, inspected the spot and submitted charge sheet (Ex. A8) against only one accused Hari Datt @ Harish Chandra (husband of the deceased) for his trial in respect of offences punishable under section 498A, 304B, 306 and 201 IPC.;

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