JUDGEMENT
GOVERDHAN BARDHAR,J. -
(1.) The instant criminal appeal has been filed by the accused appellant against the Judgment of conviction and sentence dated 24.05.2013 passed by learned Addl. Sessions Judge No. 2, Bayana (Bharatpur) ['the learned trial court' for short] in Sessions Cases No. 87/2011 whereby the learned trial court convicted and sentenced the accused appellant as under:
U/s 302 IPC:
To undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default of payment of fine the accused appellant was to further undergo rigorous imprisonment of two months.
U/s 201 IPC:
To undergo two years rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of fine the accused appellant was to further undergo rigorous imprisonment of one month. Sentences were ordered to run concurrently.
(2.) Facts of the case briefly stated are that the complainant Sugreev son of Rewati Ram (PW14), r/o Kauwa Ka Nagla (Bharatpur) submitted a written report (Ex.P1) at Primary Health Center, Halena to S.H.O., Police Station Halena at 12:20 P.M on 21.5.2011 to the effect that the marriage of his daughter Kavita was solemnized on 26.02.2009 with Ranveer s/o Shri Ram Singh r/o Bhutoli. In the marriage, sufficient dowry was given as per their capacity but the bridegroom side was happy and there was persistent demand of Motorcycle, Rs. 51,000/- cash, one gold chain and gold ring. His daughter was subjected to physical cruelty and she was ousted from the matrimonial home, so his daughter came to his place and was living with him. But on 16.05.2011 after being counselled by five Panchas and fulfilling the demand, they sent Kavita to her in-laws place. In the night of 20.05.2011 Ranveer hit a blow on her head with sharp edged weapon and Ram Singh also gave beatings as a result of which she sustained multiple injuries and lastly succumbed to the injuries. In this incident, Rambabu s/o Pooran was also involved. Therefore it is requested that the report be registered and legal action be taken.
(3.) On the basis of the said written report, an FIR No. 92/2011 for the offences under Sections 498A and 304B IPC was registered. After completion of investigation, the police submitted charge-sheet against accused appellant for offences under sections 302 and 201 IPC in the Court of Addl. Chief Judicial Magistrate, Weir. After taking cognizance in the matter, the case was committed to the Court of learned Addl. Sessions Judge, No. 2, Bayana from where the case was transferred to the learned trial court. The learned trial court framed the charges against the accused appellant under sections 302 and 201 IPC, who denied the charges and claimed to be tried. The prosecution in support of its case got the statements of twelve witnesses recorded and fifteen documents were exhibited.;
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