STATE OF UTTARAKHAND Vs. TAJWAR SINGH
LAWS(UTN)-2012-6-51
HIGH COURT OF UTTARAKHAND
Decided on June 25,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Tajwar Singh Respondents

JUDGEMENT

- (1.) There has been 64 days' delay in preferring the appeal. Learned counsel for the respondents does not wish to file an objection to the Application made for condonation of delay in preferring the appeal. We have considered the averments made in the Application for condonation of delay and, being satisfied with the reasons furnished for the delay and finding them to be sufficient, allow the Application.
(2.) We have considered the Application made seeking special leave to prefer the appeal. In the charge-sheet, two charges were leveled, namely, of commission of offence punishable under Section 304B and commission of offence punishable under Section 498A of the Indian Penal Code. Two ingredients of Section 304B were undisputedly present, namely, death by burn injury and death within 7 years from the date of the marriage. In relation to the third limb, evidence was led by the father, mother and the brother of the deceased saying that there was a demand for dowry, the witnesses were unable to meet such demand and that, for non-payment of dowry, the victim was harassed. Apart from tbe Statements thus made, there was nothing else to corroborate the same. There was also allegation that 10 days before her death, the deceased was harassed for non-payment of dowry.
(3.) The fact remains that the deceased left a suicide note. The original thereof was taken in custody by the prosecution, but only Xerox copy thereof was produced before the trial court. In that, the deceased had disclosed that she is not holding anyone responsible for her death and that she is committing suicide because she is unable to continue to remain in the house, in which she had been married of by her parents. In the suicide note, she did not blame anyone, nor did she holdout that she was being victimized, harassed and tortured for her family is unable to meet dowry demand of her husband's family. That being the situation, the suicide note produced by the prosecution being diagonally opposite to the case of harassment and torture for non-payment of dowry as made out by the prosecution, the court below has given benefit of doubt to the accused persons. In the Application seeking special leave, nothing has been shown as to in doing so, how the court below has erred.;


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