Uttarakhand High Court
Lekhraj And Four Others ...Appellants vs State Of Uttarakhand on 6 May, 2024
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
06TH MAY, 2024
CRIMINAL APPEAL NO. 25 of 2008
Lekhraj and four Others ...Appellants
Versus
State of Uttarakhand ...Respondent
Counsel for the Appellants : Mr. Navneet Kaushik,
Advocate.
Counsel for the State : Mr. Rakesh Negi, Brief
Holder.
Hon'ble Alok Kumar Verma,J.
Present Criminal Appeal has been filed against
the judgment and order dated 17.01.2008, passed by
learned Additional Sessions Judge/ Ist F.T.C., Haridwar in
Sessions Trial No.271 of 2006,"State vs. Manoj and
Others", by which, the learned Judge has convicted the
appellants-accused persons for the offence under Section
498A of the Indian Penal Code, 1860 (in short, "IPC") and
Section 4 of the Dowry Prohibition Act,1961 (in short,
"Act, 1961") and sentenced them to undergo rigorous
imprisonment for a period of three years each along with a
fine of Rs.2,000/- each for the offence punishable under
Section 498A IPC, and, they have been further sentenced
to undergo rigorous imprisonment for a period of one year
each along with a fine of Rs.1,000/- each for the offence
punishable under Section 4 of the Act, 1961. Both the
sentences have been directed to run concurrently.
2. During the pendency of this Appeal, appellant-
Lekhraj and appellant-Sushil alias Chhota died. Present
Criminal Appeal was abated in relation to the deceased-
appellant Lekhraj and appellant Sushil alias Chhota on
20.03.2024.
3. Appellant-Mittar Sen is the brother-in-law
(Jeth), appellant-Vipin is the brother-in-law (Dever) and
appellant-Smt. Kamla is the mother-in-law of the victim.
4. The case of the prosecution is that the sister of
Satpal (PW1) was married to Manoj. She was harassed
and beaten for demand of dowry.
5. Upon conclusion of the investigation, a charge-
sheet was filed.
6. Charges were framed. As the appellants-accused
pleaded innocence, trial was held.
7. The prosecution examined ten witnesses.
8. Statements of the appellants-accused persons
under Section 313 of the Code of Criminal Procedure,
1973 were recorded. The appellants-accused persons have
denied all incriminating evidence, produced by the
prosecution.
9. Heard Mr. Navneet Kaushik, learned counsel for
the appellants and Mr. Rakesh Negi, learned Brief Holder
for the State.
10. Mr. Navneet Kaushik, Advocate submitted that
Manoj, the husband of the alleged victim, has died.
Appellant-Mittar Sen, aged about 48 years, appellant-
Vipin, aged about 41 years and the appellant-Smt Kamla,
aged about 78 years, are facing the present matter since
the year, 2006. They do not have any criminal
antecedents. Mr. Navneet Kaushik, Advocate has
requested to alter the sentence and grant the benefit of
probation to the appellants under the provisions of the
Probation of Offenders Act, 1958.
11. The said submission has not been opposed by
Mr. Rakesh Negi, learned Brief Holder appearing for the
State. Mr. Rakesh Negi, Brief Holder, submitted that as
per the report of the District Probation Officer, Haridwar,
the conduct and behavior of the appellants have been
found good and there is no criminal case pending against
them.
12. The matter is pending since, 2006. There is
nothing on record to indicate that the appellants had
earlier been involved in any unacceptable activities.
13. After considering the facts and circumstances of
the case, it seems appropriate that the sentence, passed
by learned Trial Court, against the appellants, should be
altered and the benefit of probation should be granted to
them.
14. Consequently, without altering the findings of
the Trial Court, the nature of the sentence is being
altered.
15. Resultantly, the appellants, namely, Mittar Sen,
Vipin and Smt. Kamla be released on probation on good
conduct for a period of one year, on their entering into
bond of Rs.30,000/- each with one surety of the like
amount to appear and receive sentence when they are
called during such period. In the meantime, they are
directed to keep the peace and be of good behavior.
Appellants are further directed to appear before the
District Probation Officer, Haridwar, within a period of one
week from today.
16. Registry is directed to send a copy of this
judgment to the District Probation Officer, Haridwar, for
necessary action.
17. Present Criminal Appeal (CRLA No.25 of 2008)
stands disposed of accordingly.
___________________
ALOK KUMAR VERMA, J.
Dt:06.05.2024
JKJ/Pant
