Decided on August 08,2013

Ganesh Painuly; Suresh Prasad Painuly And 2 Others Appellant


- (1.) The above-titled appeals challenge the judgment and order of conviction dated 22.7.2010, rendered by Sessions Judge, Tehri Garhwal in Sessions Trial No. 8/2009, State v. Ganesh Painuly & 3 Others. The said trial pertained to Section 302/34, 498A and 304B IPC, Revenue Police Post Budkot. Among the appellants, Ganesh Painuly is the husband, Suresh Prasad Painuly is elder brother-in-law, Smt. Bhuwaneshwari is mother-in-law of the deceased, while Smt. Sauni Devi is the wife of Suresh Prasad Painuly. Learned Sessions Judge found the husband Ganesh Painuly guilty of the offences under Section 302 and 498A IPC, while rest of the accused persons were found guilty of the offences under Section 304B and 498A IPC. They have been accordingly sentenced.
(2.) The prosecution case discloses that the marriage of deceased Smt. Pramila Devi was solemnized with Ganesh Painuly on 7/8.2.2003. Late in the evening of 16.1.2009, i.e. within seven years of her marriage, she was found dead in her bedroom. Her husband was present in the house. Rest of the accused appellants though used to reside separately, but in the same house. Two children of couple, born out of their wedlock, were also present in the house, as pleaded by the accused Ganesh Painuly.
(3.) First Information Report Ex. Ka-4 was lodged on 17.1.2009 at 5 PM by Kamla Prasad Bhatt, father of the deceased. Its chick report is Ex. Ka-6. It has been averred in the FIR that in the early morning of 17.1.2009, two children came from Sera Bagwan, i.e. the in-laws village of his daughter Smt. Pramila Devi, and informed him regarding the illness of his daughter. They also conveyed the message that the complainant was called there. Before leaving his village, Kamla Prasad Bhatt preferred to make a ring call to the mother-in-law of Smt. Pramila Devi, whereupon she disclosed that his daughter (Smt. Pramila) has hanged herself. Kamla Prasad Bhatt soon rushed to the in-laws house of his daughter and found Smt. Pramila lying dead on the earth. He also noticed that a cord was also hanging with the ceiling of the room. The said cord did not have any knot. The complainant has alleged in the FIR that eversince the marriage of Smt. Pramila Devi, she was subjected to cruelty and atrocities at the hands of all the accused persons on the question of dowry. So, he gave Rs. 12,000/- and 13,000/- on two different occasions, but all went in vain. She continued to be tormented by the appellants on sundry scores.;

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