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2023 Supreme(SC) 398

ABHAY S. OKA, RAJESH BINDAL
Charan Singh @ Charanjit Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shubhranshu Padhi, AOR (Amicus Curiae) Dr.(Mrs.) Vipin Gupta, AOR
For the Respondent(s): Mr. Jatinder Kumar Bhatia, AOR Mr. Krishnam Mishra, Adv. Mr. Param Kumar Mishra, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. The appellant, who was husband of the deceased, has filed the present appeal challenging his conviction and sentence under sections 304B, 498A and 201 of Indian Penal Code, 1860 (for short ‘IPC’). The Trial Court had sentenced the appellant to undergo rigorous imprisonment for 10 years under Section 304B, 2 years under Section 498A and 2 years under Section 201 IPC. However, the High Court of Uttarakhand at Nainital had reduced the sentence of the appellant under Section 304B IPC from ten years to seven years.

2. The appellant and deceased Chhilo Kaur got married in the year 1993. The deceased was residing in her matrimonial home. On 24.6.1995 at 6.15 p.m. father of the deceased, Pratap Singh (PW-1) filed complaint with the P.S. Jaspur stating that his daughter Chhilo Kaur was married to the appellant about two years ago. In the marriage, he had given sufficient dowry as per his status. Two months after the marriage, his daughter came to her parental home and told the complainant (PW-1) that her in-laws are asking her to bring a motorcycle as the same was not given in dowry. The complainant pacified his daughter stating that at present he is not capable


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