PAPPAN AND OTHERS Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Pappan And Others
STATE OF UTTARANCHAL
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(1.) A first information report was lodged by PW 1 Ranjeet Singh against Pappan (husband), Padam Singh (father-in-law) and Sukkra (brother-in-law) of the victim (Suman), on 06.06.1999, at 6:15 p.m., in PS Bhagwanpur, in respect of offence punishable under section 306 IPC.
(2.) According to the informant, his daughter Suman (deceased) was married to Pappan two years ago (from the lodgment of the first information report). Soon after her marriage, the husband, father-in-law and mother-in-law of the victim started harassing her for not bringing sufficient dowry. She was harassed so much that on 05.06.1999, at 8:00 p.m., she committed suicide. Panchayat took place in the village many a times. When the victim died, her last rites were performed by her in-laws without informing the members of her parental home. In a nutshell, the accused persons were charged with the abetment to commit suicide. After the investigation, the charge sheet in respect of offence punishable under Section 306 IPC was submitted against the accused persons. The case was committed to the Court of Sessions.
2. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 306 IPC was framed against the accused persons, who pleaded not guilty and claimed trial. PW 1 Ranjeet, PW 2 Rajesh, PW 3 Ram Kishan and PW 4 SI Nanhe Ram Sagar were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW 1 Shravan was examined in defence. After considering the evidence on record, learned Assistant Sessions Judge/5th FTC, Haridwar held the accused persons guilty of the offence punishable under Section 306 IPC. Each one of them was awarded seven years' rigorous imprisonment, vide impugned order dated 18.07.2001. Aggrieved against the said judgment and order, present criminal appeal was preferred on behalf of the convicts-appellants.
(3.) The death of victim was caused otherwise than under normal circumstances within seven years of her marriage, on 05.06.1999, at 8:00 p.m. The first information report was lodged on 06.06.1999, at 6:15 p.m. There was a distance of 12 kilometers between the place of occurrence and the police station concerned. There appears to be no delay in lodging the first information report.;
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