Court : Uttaranchal
Reported in : 2005CriLJ625
irshad hussain, j.1. appellant smt. nirmala devi has been convicted and sentenced to undergo simple imprisonment for 7 (seven) years under section 304b, i. p. c, and simple imprisonment for 1 (one) year under section 498a, i. p. c per judgment and order dated 17-7-2003 in sessions trial no. 28/2001.2. the prosecution case briefly stated was that deceased smt. urmila devi entered into wed-lock with rajendra prasad tewari on 4/5-5-2001 and thereafter they lived together as the wife and husband. after some time the husband of the deceased, sister-in-law (jethani) appellant smt. nirmala devi, brother-in-law (jeth) satya prakash, another brother-in-law (jeth) vijay prakash, mother-in-law smt. rukmani devi, the father of the appellant named as rama nand and the uncle of the husband named as gaina nand subjected the deceased to harassment for not bringing adequate dowry and at the same time coercing her to bring amount of rs. 40,000/- from her mother and brother by giving threats that unless the demand is met they will not permit her to reside peacefully and happily in her marital home. smt. urmila disclosed the cause of harassment to her brother and mother when she visited them. the brother and the mother of the deceased not being able to fulfil the demand, they showed their inability on making a visit to the house of the husband of the deceased. smt. urmila devi also disclosed that her husband and jethani appellant smt. nirmala devi have been maintaining illicit relations and .....
Tag this Judgment!Court : Uttaranchal
..... learned appellate court acquitted the respondent syeed ahmad mainly on the ground that articles which are alleged to have been recovered from the drawer in 'prince bearing store' was lying open and was not locked. ..... tanveer was the owner of shop wherein syeed ahmad was running his shop in the name and style of "prince bearing store" and syeed ahmad was the tenant. ..... chandra joshi along with local police and two public witnesses namely pw2 ved pal singh and pw10 shiv prasad, conducted the search of shop of syeed ahmad, in the name and style known as prince bearing store, saharanpur. ..... according to him, 'prince bearing store' is in partnership with his father and is not in his exclusive possession. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007CriLJ4780
prafulla c. pant, j.1. this appeal, preferred under section 374(2) of the code of criminal procedure, 1973 (hereinafter referred as cr.p.c.) is directed against the judgment and order dated 26-11-1987 passed by learned sessions judge, nainital in sessions trial no. 91 of 1986, whereby accused/appellant bhup singh is convicted under section 302 of the indian penal code, 1860 (hereinafter referred as i.p.c.), and was sentenced to undergo imprisonment for life.2. heard learned counsel for the parties and perused the entire evidence on record.3. prosecution story, in brief, is that the house of the accused/appellant, bhup singh is situated at a distance of 125 yards away from the house of his father-in-law in village chandraman, within the limits of police station gadarpur, district nainital (now part of district udham singh nagar). on 23-, 12-1985 at about 7.15 p.m. accused/appellant bhup singh poured kerosene oil on his wife, smt. mango devi (deceased) and set her on fire. smt. mango devi caught fire and ran out of the house for help. near a hand-pump, outside her house, some neighbours attempted to extinguish the fire of her cloths. she continued to ran and reached her father's house. p.w. 2, gopali, is father of the deceased smt. mango devi. p.w. 1 sher singh is brother of the deceased. smt. mango devi in injured condition, as soon as reached her father's house, told her father and to her brother that her husband, bhup singh (accused/appellant) had poured kerosene oil and set .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012CrLJ289(NOC)
u.c. dhyani, j 1. in the instant case, the criminal law was set into motion by one bashir khan s/o nizam ali r/o ward no.10, kichha who had lodged a complaint with the inspector in-charge kotwali, kichha, district udham singh nagar on 30.06.2000 stating that his daughter smt. bhuri was married to ahmad hasan s/o shaukat r/o ward no.17 kichha some 09 months ago. her husband ahmad hasan and her mother-in-law rahasan w/o shaukat demanded dowry and also used to commit marpeet with her. smt. bhuri used to complain about the same but the father persuaded his daughter to reconcile. on 30.06.2000 at around 4:00 p.m. her mother-in-law blamed her for having illicit relations with another man. the mother-in-law poured kerosene oil and set her on fire. on her hue and cry the neighbours tried to come to her rescue and brought her to the government hospital kichha. she was referred to bareilly (higher centre). but she breathed her last on way to bareilly. her dead body was lying at government hospital, kichha. 2. on the basis of this complaint (ext. ka-1) chik fir (ext.ka-9) was prepared and crime no. 131/2000 was registered against the accused ahmad hasan and rahasan in respect of offence punishable under section 304-b ipc. investigation of the case was taken up by ms. vimla gunjiyal, circle officer. she inspected the spot, prepared site plan (ext. ka-12), took the statements of the witnesses and submitted charge-sheet (ext.ka-10) against the accused persons. the copies of the prosecution .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2006)DMC714
irshad hussain, j.1. both these accused smt. nirmala pant and kishan chandra pant, mother and son were convicted and sentenced to imprisonment for life under sections 302/109, i.p.c. and r.i. for three years under section 498a, i.p.c. per judgment dated 28.11.1998 passed by then sessions judge, almora in sessions trial no. 16/1992. khila nand pant was acquitted in the case.2. smt. manju pant deceased of the case was the wife of accused kishan chandra pant. they were married in the year 1984. the couple was residing in their house in mohalla ranidahra road, almora along with accused smt. nirmala pant and khila nand pant, the mother and father of the husband. the couple have school going son and a daughter.3. according to the prosecution mr. harish chandra pant, advocate (pw 3) gave telephonic message to police, p.s. almora in the morning of 21.2.1991 that daughter-in-law of khila nand pant had committed suicide by hanging in her marital home. this information was recorded in the general diary of the police station. sub-inspector arvind dangwal (p.w. 7) thereafter reached the house of the incident and held inquest on the dead body of smt. manju pant and prepared inquest report, ext. ka. 2. panch witnesses of the inquest were accused kishan chandra pant, accused khila nand pant, kailash chandra joshi (p.w. 2) maternal uncle of the deceased, navin chandra joshi (p.w. 1) maternal grand father of the deceased and charu chandra pant a neighbour of the accused. the dead body was .....
Tag this Judgment!Court : Uttaranchal
1. this appeal, preferred by the appellants u/s 374(2) of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c.), is directed against the judgment and order dated 23.2.1998 passed by the additional sessions judge, roorkee in sessions trial no. 188 of 1995, state v. naresh & ors., whereby each of the accused appellants, viz., naresh, kalwa, smt. bimla, suresh and smt. sommi have been convicted under section 498-a, 304-b and 201 of indian penal code, 1860 (for short, ipc) and each of them has been sentenced to r.i. for 3 years along with fine of rs. 500/- each u/s 498a ipc, in default to undergo two months additional r.i., 10 years r.i. u/s 304-b ipc and 2 years r.i. along with fine of rs. 500/- each, in default to undergo two months additional r.i. u/s 201 ipc. all the sentences have been directed to run concurrently. however, co-accused rupa died during the period of trial and hence, trial against her was abated by the trial court vide order dated 22.1.1998.2. the prosecution case, in brief, is that pw1 rampal lodged an fir in ps bhagwanpur on 30.1.1995 at 4.10 pm with the averments that his daughter mamtesh (now deceased) was married with naresh on 20.5.1994 as per hindu rites. in the marriage he has spent rs. 50,000/-.after some days, in-laws of mamtesh have started to demand cash money in dowry and have also started to harass mamtesh physically and mentally and have also started to beat her. this fact was disclosed by mamtesh to him when she has come to .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ4181
1. the accused/appellant banbir singh has preferred this criminal appeal against the judgment and order dated 29.11.2001, passed by sessions judge, udham singh nagar, in s.t. no. 308/1999, convicting the accused/appellant under sections 498-a i.p.c. 304-b i.p.c. and section 3/4 dowry prohibition act and sentencing him to undergo imprisonment for life under section 304-b i.p.c.; two years r.i. under section 498-a i.p.c. and five years r.i. and fine of rs. 15,000/- under section 3/4 dowry prohibition act and in default of payment of fine to further undergo r.i. for one year. all the sentences to run concurrently.2. the prosecution case in brief is that on 13.6.1999 at about 3.10 p.m. complainant rajesh singh lodged written report, ext. ka. 1 at p.s. banbasa with the allegations that his younger sister smt. rekha singh was married to accused banbir singh on 12.3.1999. after marriage accused demanded rupees one lac as dowry. the dowry demand was not fulfilled by the complainant and due to this reason the accused started beating smt. rekha singh and also threatened to kill her. on 7.6.1999 when smt. sarla devi, the mother of the complainant, went to the in-laws house of smt. rekha singh, then the accused again made demand of dowry of rs. one lac and used unpleasant talk. on 13.6.1999 prahlad singh, the elder brother of the accused informed rajesh singh, the complainant at barielly police line that his sister rekha singh had died. thereafter on 13.6.1999 itself the complainant went .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ2598
irshad hussain, j.1. this is an appeal against the judgment and order dated 3-4-2001 passed by the sessions judge, dehradun convicting and sentencing the appellant-mukesh under section 304b of i.p.c. to undergo rigorous imprisonment for ten years for causing dowry death of his wife smt. tara devi. by the said judgment other co-accused hari singh, smt. mam kaur and km. manju, the father, mother and sister respectively of the said appellant were acquitted of the charges under sections 498a, 304b and section 4 of the dowry prohibition act, 1961. appellant was also not held guilty and acquitted of the charges under section 498a, i.p.c. and section 4 of the dowry prohibition act.2. written f.i.r. of the case, ext.ka. 1 was filed by informant om bahadur, p.w. 1, the father of the victim on 14-2-1994 at about 15 : 30 hours at police station, kotwali dehradun. the prosecution case disclosed by the said f.i.r. is that informant's daughter tara devi and appellant-mukesh while working together in a drug factory fell in love and got themselves married about five months before the occurrence. on 13-2-1994 at about 9.30 p.m. informant was told by some one that his daughter tara devi had been set to fire by the appellant and other family members, the father, mother and sister of the appellant. the informant went to the residence of the accused-appellant where he was informed that his daughter had been admitted in hospital. he rushed to the hospital where he found tara devi lying unconscious .....
Tag this Judgment!Court : Uttaranchal
nirmal yadav, j.1. accused/appellants pawan kumar, husband of arjun kaur (deceased), soni and pinky, mother and sister of pawan kumar respectively stood trial for the offence punishable under section 304b of the indian penal code (for short ipc) and section 4 of the dowry prohibition act in sessions trial no. 152 of 1995. learned trial court after taking into consideration entire evidence on record convicted the accused appellants for the above fs and sentenced them to rigorous imprisonment for 10 years under section 304b ipc and one year rigorous imprisonment under section 4 of dowry prohibition act and a fine of rs. 5000/- each. in default of payment of fine, they have been further ordered to undergo one year rigorous imprisonment.2. facts, in brief, are that arjun kaur was married to pawan kumar in the year 1993. she died having suffered burn injuries on 19.06.1994 i.e. after about one year of her marriage. the criminal law was set in motion on the complaint made by pw4 chhinder singh, brother of arjun kaur, on 20.06.1994 at about 2.00 p.m. vide written complaint exhibit ka 1. according to the complainant, arjun kaur was being harassed by her husband pawan kumar and other family members since the time of her marriage. on 17.06.1994, arjun kaur along with her husband pawan kumar had visited the house of her parents. she had informed her parents that pawan kumar was demanding money for purchasing some articles for his shop but her parents expressed their inability to fulfil .....
Tag this Judgment!Court : Uttaranchal
prafulla c. pant, j. 1. this appeal, preferred under section 378 of code of criminal procedure, 1973 (for short cr.p.c.), is directed against the judgment and order dated 10.02.2000, passed by learned sessions judge, pauri garhwal, in sessions trial no. 32 of 1997, whereby said court has acquitted the accused/respondents anand mani and purna nand from the charge of offence punishable under section 498a/34 ipc, and under section 304b/34 ipc, and from the alternative charge of offence punishable under section 302/34 ipc. 2. heard learned counsel for the state, learned amicus curiae for the respondents and perused the lower court record. 3. prosecution story, in brief, is that accused/ respondent no. 1 anand mani got married to kiran (deceased) in the intervening night of 9th and 10th of march, 1995. customary dowry said to have been given in the marriage by the parents of the deceased but the accused/respondents were not satisfied with the dowry, and they used to make demand of dowry, and for non fulfillment of demand of dowry the deceased was subjected to cruelty. on 30.12.1996, kiran died of asphyxia as a result of ante mortem burn injuries. first information report (ex. a2) was got lodged on 31.12.1996, by p.w.4 virendra prasad bhatt (brother of the deceased) alleging that accused/ respondent no. 1 anand mani used to make demand of dowry, and subjected kiran to cruelty in connection therewith. he (p.w.4) further alleged that before the relatives from the parental side could .....
Tag this Judgment!