The prosecution must establish the commission of the alleged offense beyond all reasonable doubt, and there is a need for unimpeachable evidence in relation to dowry demand and the establishment of a nexus between the demand of dowry and harassment.

JUDGMENT :

Alok Kumar Verma, J.

The present appeal has been filed by the appellants-accused persons against the judgment and order dated 21.03.2006, passed by the learned District and Sessions Judge, Rudraprayag in Sessions Trial No.5 of 2005, “State Vs. Balbhadra Singh and Another”, by which, the appellants Balbhadra Singh and Smt. Shashi Devi have been convicted under Sections 304B and 498A of I.P.C. and have been sentenced to undergo rigorous imprisonment for the period of seven years in the offence punishable under Section 304B IPC and rigorous imprisonment for a period of one year along with a fine of Rs. 500/- each respectively for the offence punishable under Section 498A IPC and in default of payment of fine, the appellants shall undergo for one month simple imprisonment. Both the sentences are directed to run concurrently.

2. Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that the appellant-Balbharda Singh was the father-in-law and the appellant-Smt. Shashi Devi was the mother-in-law of the deceased Smt. Sumati Devi. Smt. Sumati Devi was married with one Rakesh Singh in the month of October, 2003. After marriage, the appellants-accused persons started harassing her for demand of Rs.50,000/-. On 07.01.2005 at about 1.00 pm, one person, resident of village Gadmil, came and informed Smt. Pitambari Devi, PW-2, mother of the deceased, and, Sardul Singh (PW-3), brother of Dayal Singh (PW-1), father of the deceased and informant of this matter that Smt. Sumati Devi was missing from the evening of 06.01.2005. The appellants were residing in the said village Gadmil. The informant Dayal Singh (PW1) was in Mussoorie at that time when the information of missing of Smt. Sumati Devi was given. The brother of the informant informed the informant by telephone. On the same day at about 4.00 pm, they reached to the appellants’ house with some other persons of his village. On seeing them, the accused persons started abusing them and asked them to consume wine and told them to forget Smt. Sumati Devi. Thereafter, they returned their house. The brother of the accused Balbhadra Singh informed the concerned Patwari that Smt. Sumati Devi was missing. On 28.01.2005 at about 1.00 pm, they received a telephonic message that a dead body of unknown person was lying on the bank of Alaknanda River. They went there and found that the dead body was of Smt. Sumati Devi. The concerned Patwari went on the spot and prepared an inquest report (Ext.Ka-9). The dead body of the deceased was sent to the Government Hospital for post-mortem. The post-mortem of the dead body of the deceased was conducted by Dr. A.K. Rastogi (PW-6), on 29.01.2005.

3. The First Information Report (Ext.Ka-2) was lodged against seven persons including the husband of the deceased. The matter was investigated and after completion of investigation, charge sheet (Ext.Ka-14), was filed only against the appellants-accused persons.

4. The case was committed to the Court of Session. The charges under Sections 304B and 498A of I.P.C. were framed against the appellants-accused persons. They pleaded not guilty and claimed to be tried.

5. The prosecution, in order to establish the charges, examined altogether eight witnesses.

6. The appellants were examined under Section 313 of the Code of Criminal Procedure, 1973.

7. The learned Trial Court heard arguments, appreciated the evidence and held that the prosecution has been successful to prove its case against the accused persons beyond all reasonable doubts.

8. Heard Mr. Pankaj Purohit, the learned counsel for the appellants and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.

9. Mr. Pankaj Purohit, the learned counsel for the appellants submitted that the appellants have been falsely implicated; the deceased Smt. Sumati Devi was found missing from her house since the evening of 06.01.2005 and an information to that effect was given by the brother of the appellant Balbhadra Singh to