Decided on July 31,2013

PAN SINGH Appellant


- (1.) PW1 Sher Singh lodged an FIR on 04.04.2008, at 06:00 A.M., in police station Kapkot, District Bageshwer against Pan Singh, which was registered as case crime no. 60 of 2008, under Section 304B of IPC. The incident allegedly took place on 03.04.2008 and the report was lodged on the very next day at 06:00 A.M. The distance between the place of incident and the police station concerned was 39 Kilometers and, hence, there appears to be no delay in lodging the FIR. After the investigation, a charge-sheet was submitted against the accused Pan Singh for the offence punishable under Section 304B of IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it s case, charge for the offence punishable under Section 304B of IPC and under Section of the Dowry Prohibition Act was framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) PW1 Sher Singh, PW2 Ganga Singh, PW3 Dr. Rajeev Upadhyaya, PW4 C.O. V.K. Sharma (Investigating Officer) and PW5 S.I. Chandra Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. It was also stated by the accused that since Smt Tara Devi was issueless, therefore, she committed suicide. No evidence was adduced in defence. After considering the evidence on record, accused Pan Singh was convicted for the offence punishable under Section 304B of IPC and under Section of the Dowry Prohibition Act, and was sentenced appropriately, vide impugned judgment and order dated 07.11.2008. Aggrieved against said judgment and order, present criminal appeal was preferred.
(3.) Smt. Tara Devi (victim) was married to accused-appellant Pan Singh in February 2006 and she died on 04.04.2008. The postmortem of Smt Tara Devi was conducted on 05.04.2008, at 11:00 A.M. According to the Medical Officer, cause of her death was asphyxia as a result of hanging. Thus, it is established that the victim (Tara Devi) died otherwise than under normal circumstances within three years of her marriage. Two limbs of offence punishable under Section 304B of IPC were, therefore, established.;

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