SOHAN DASS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-78
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on June 10,2013

Sohan Dass Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Both these appeals are directed against the judgment and order dated 30.04.2010, passed by Sessions Judge, Uttarkashi in Sessions Trial No. 19 of 2009, whereby learned trial Court was pleased to hold appellants guilty for the offence punishable under Sections 304-B and 498-A IPC; appellants Sohan Dass was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 2,000/- and in default in making payment of fine, to undergo additional rigorous imprisonment for a period of one year for the offence punishable under Section 304-B IPC; was further sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default in making payment of fine, to undergo additional rigorous imprisonment for one month for the offence punishable under Section 498-A IPC; appellant Jarab Dass and Smt. Tari Devi (in-laws) were sentenced to undergo rigorous imprisonment for a period of 07 years and to pay fine of Rs. 1,000/- each and in default in making payment of fine, to undergo additional rigorous imprisonment for 06 months each for the offence punishable under Section 304-B IPC and further sentenced to undergo rigorous imprisonment for a period of 06 months each and a fine of Rs. 500/- each, in default in making payment of fine, to undergo additional rigorous imprisonment for a period of one month for the offence punishable under Section 498-A IPC; with the stipulation that all the sentences shall run concurrently.
(2.) It is reported at the Bar that appellant Jarab Dass has expired, therefore, appeal stands abated for the appellant Jarab Dass.
(3.) Brief facts of the present case inter alia are that in the intervening night of 4-5.07.2009, Smt. Lalita Devi was found hanging on the pine tree in the nearby forest area of village Gundiya; PW1 Bhajan Dass, father of the deceased Smt. Lalita Devi, came to Gundiyagaon in the morning of 06.07.2009 and became the witness of the inquest report, wherein it was opined that Smt. Lalita Devi died due to hanging; an FIR was lodged by PW1 on 07.07.2009 with the Naib Tehsildar, District Uttarkashi, stating therein that Smt. Lalita Devi got married with appellant Sohan Dass about two years ago and she was having one son aged about 08 months and was having pregnancy of 06 months; appellants used to beat Smt. Lalita Devi for the demand of dowry; she was forced to leave her matrimonial home; Smt. Lalita Devi filed a case under Section 125 of Code of Criminal Procedure against her husband Sohan Dass; matter was settled between Smt. Lalita Devi & Sohan Dass and Smt. Lalit Devi went with the Sohan Dass to live with him; even after the compromise in the maintenance case, appellant did not stop misbehaving with Smt. Lalita Devi; PW1 got information at about 06:00 a.m. in the morning on 05.07.2009 that Smt. Lalita Devi committed suicide; having received such information, PW1 went to the house of Sohan Dass; appellant found dead body of Smt. Lalita Devi laying in the veranda in the house of Sohan Dass, therefore, after registration of the FIR, necessary action be taken against the appellants / accused. On the report lodged by PW1, chik FIR was got registered on 07.07.2009 at about 01:00 p.m. Dead body of Smt. Lalita Devi was sent for the postmortem and as per the postmortem report, cause of death was found to be due to hanging and except the ligature mark on the neck, no other injury was observed on the person of Smt. Lalita Devi.;


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