Judgment reserved on:22.12.2025 Judgment delivered on:18.02.2026 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No.204 of 2011 Sunil Dutt Pathak ......Appellant Vs.

State of Uttarakhand …..Respondent Presence Mr. Siddharth Sah, learned counsel for the Appellant.

Mr. Vijay Khanduri, learned Brief Holder for the State of Uttarakhand.

Hon’ble Ashish Naithani, J.

1. The present criminal appeal has been preferred under Section

374(2) of the Code of Criminal Procedure assailing the judgment and order dated 30.08.2011 passed by the learned Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 113 of 2006, whereby the Appellant, Sunil Dutt Pathak, has been convicted for the offence punishable under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of ₹10,000/, with a default stipulation.

2. The case, as unfolded in the First Information Report and during trial, is that the deceased, who was the legally wedded wife of the Appellant, committed suicide by hanging on 15.09.2004 at her matrimonial home situated within the jurisdiction of Police Station Khatima, District Udham Singh Nagar.

3. It was alleged