Decided on November 20,2012

Kishore Kumar @ Pappu And Ors Appellant
State Of U P (Now State Of Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 17.08.1999, passed by Additional Sessions Judge, Haldwani, in Sessions Trial No. 342 of 1994, whereby said court has convicted the accused/appellants Kishore Kumar @ Pappu, Bankey Lal, Smt. Sushila and Km. Beena Chaudhary under section 304B and 498A of I.P.C., and one punishable under section of Dowry Prohibition Act, 1961, and sentenced each one of them to rigorous imprisonment for a period of ten years. (During this appeal appellant no.2 Bankey Lal, and appellant no.3 Sushila are reported to have died and appeal on their behalf stands abated).
(2.) Heard learned counsel for the appellants, and learned counsel for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that accused/appellant no.1 Kishore Kumar @ Pappu got married to Vimla Devi (deceased) on 11.03.1994, in Village Mayarampur, within the limits of Police Station Kaladhungi. Accused/appellant no.2 Bankey Lal was father in law of the deceased, accused/appellant no.3 Sushila was mother in law of the deceased, and accused/appellant no.4 Km. Beena Chaudhary was sister in law of the deceased. After her marriage, the deceased came to her parental house on 18.03.1994, and told her parents and other relatives that accused/appellants made demand of dowry. She further told that she was beaten by the accused/appellants. On 21.03.1994, she again joined her husband in his house. On 07.04.1994, the parents of Vimla Devi got an information that their daughter was lying in a shocked condition. On this information, the parents of Vimla Devi rushed to the house of the accused/appellants, and took their daughter Vimla Devi to Kotabagh for her treatment. From there, when Vimla Devi was being taken for further treatment to Ramnagar Hospital, she died on the way. On 08.04.1994, PW1 Than Singh (father of the deceased) lodged First Information Report (ExA1) at police outpost Kotabagh at about 7 a.m. The police rushed to the village via Ramnagar and took the dead body of Vimla Devi in their possession, and prepared inquest report (Ex-A2). Other necessary papers like Police Form No. 13 (Ex-A4), sketch of the dead body (Ex-A5), sample seal of (Ex-A6), letter to Incharge Medical Officer Kashipur (ExA3) requesting for post mortem examination were also prepared. The body was sent in a sealed condition for post mortem examination. PW9 Dr. Yashpal Singh alongwith Dr. Surendra Singh conducted post mortem examination on the dead body of Vimla Devi on 08.04.1994, at about 11.45 a.m. However, cause of death could not be ascertained, and viscera was preserved as mentioned in the autopsy report (Ex-A11). Forensic Laboratory Agra sent its report on the analysis contents of viscera, and it was opined that item no.1 and item no.2 of the viscera contained aluminium phosphide poison meanwhile. The investigation was conducted by PW8 Virendra Mishra Circle Officer, who interrogated the witnesses, and inspected the spot. After completion of investigation, the Investigating Officer submitted charge sheet (Ex-A8) against the accused/appellants Kishore Kumar @ Pappu, Bankel Lal, Smt. Sushila and Km. Beena Chaudhary, for their trial in respect of offences punishable under section 328 and 304B of I.P.C.;

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