- (1.) THIS Criminal Appeal is directed against the judgment and order dated 31-01-2005 passed by Additional Ses sions Judge/ftc VII Dehradun in Ses sion Trial No. 73 of 2003 convicting and sentencing the appellant-Satya Prakash to undergo 7 years R. I. u/s 304-B and 1 year R. I. and fine of Rs. 2, 500/- u/s 3/4 D. R Act and in default of payment of fine the appellant shall undergo three months R. I.
(2.) THE Sessions Judge convicted the appellant u/s 498-A but the learned Sessions Judge did not award any sen tence on that count. Feeling aggrieved by the said or der and judgment the appellant pre ferred the appeal before this Court. Brief facts for the disposal of this appeal are that marriage of the deceased-Rekha was solemnized with the appellant-Satya Prakash on 10-05-1997. At the time of marriage, dowry was given to the appellant-Satya Prakash by the complainant-Darshan Lal. After sometimes of the marriage, the appellant demanded scooter in dowry and started to harass the deceased-Rekha and used to commit marpeet with the deceased. It was fur ther alleged that the brothers of the ap pellant namely Somti and Ritu also used to treat the deceased-Rekha cru elly and they used to hurl abuses upon the deceased-Rekha. The prosecution has also alleged that the complainant Darshan Lal went to the matrimonial house of the deceased and tried to pacify and settle the matter but the appellant and his brothers did not stop to harass the deceased-Rekha or to demand the dowry from the deceased. In the night of 16-02-2003, the de ceased was found dead. The appellant and the relatives of her husband admin istered poison to the deceased. Conse quently she died and the death oc curred due to the non-fulfillment of the desire and demand of dowry of the ap pellant. The information was given to the complainant-Darshan Lal and the body was taken to the Doon Hospital and the parents of the deceased went there and they found her daughter dead there. They also found the injuries on the person of the deceased. The father of the deceased gave a report to the Police Station on 17-02-2003 and F. I. R. was lodged and the matter was investi gated. The postmortem was conducted and panchnama was also prepared and thereafter the charge-sheet was submit ted after the investigation.
(3.) THE accused was charged under Section 304-B, 498-A and u/s 3/4 D. F Act. THE accused pleaded not guilty and claimed the trial. THE other co-ac cused Somti, Kishan Lal and Ritu were acquitted by the trial court. The prosecution adduced the evidence of Darshan Lal-P. W. 1 father of the deceased, Smt. Santosh - PW2 mother of the deceased, Dharam Pal-PW3 is the uncle of the deceased, Cr. P. C. Kapri-PW4 & Dr. D. S. Rawat have conducted the post-mortem of the de ceased. Prem Singh-PW6 is S. I. , Rajendra Prasad- PW7 is constable. They are the formal witnesses. Brijendra Kumar Jual-PW8 is the investigating officer of this case.;