SHYAM SHARMA & OTHERS Vs. STATE
LAWS(UTN)-2013-7-202
HIGH COURT OF UTTARAKHAND
Decided on July 25,2013

Shyam Sharma And Others Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) PW 1, Ram Sevak Sharma lodged an F.I.R. in Police Station Kotwali, Khatima, District - Udham Singh Nagar on 6.6.2004 at 8.30 A.M., against Shyam Sharma, Smt. Beena Sharma, Bablu Sharma and Km. Chaman Sharma, which was registered as Case Crime No. 334/2004, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act. After the investigation of the case, charge sheet was submitted against the accused persons under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act. The case was committed to the Court of Session. Charges for the offence punishable under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act were framed against the accused on 4.7.2005. The accused persons pleaded not guilty to the charges and claimed trial.
(2.) PW1 Ram Sewak Sharma (Father of the deceased), PW 2 S.I. Rakesh Pal Singh (witness of inquest), PW 3 Sunil Sharma (elder brother of the deceased), PW 4 Ram Prakash Sharma (uncle of the deceased), PW 5 Gaurav Sharma (S.D.M., witness of the inquest), PW 6 Dr. R.C. Sharma (who conducted postmortem on the dead body of the deceased), PW 7 A.S.I. Girish Chandra (formal witness) and PW 8 Ashok Kumar Bhatt, A.S.P., (Investigating Officer) were examined on behalf of the prosecution.
(3.) Incriminating evidence was put to the accused under Section 313 Cr.P.C. in which they said that they were falsely implicated in the case. All the accused said that the victim died a natural death. No evidence was given in defence. After considering the evidence on record, accused persons were convicted for the offences punishable under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act. They were sentenced appropriately. Aggrieved against the judgment and order dated 27.9.2008, present criminal appeal was preferred.;


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