UDAIPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The facts giving rise to this appeal by special leave may briefly be stated.

(2.) Udai Pal Singh, appellant, was admittedly married to Savitri Devi, deceased, in 1958 and since March, 1964 till her death which occurred on the night between 18th and 19th April, 1964 she was staying in her husband's house in village Mundgaon in which her husband Udai Pal Singh, appellant, her father-in-law Harnath Singh and her mother-in-law Bari Beti all lived together. She died an unnatural death in her bedroom which was also the bedroom of her husband on the night between 18th and 19th April, 1964. Information about her death was lodged by her father-in-law Harnath Singh at the Police Station Mohammadabad, four miles away from Mundgaon at about 10.30 am. On April 19, 1964. That report deserves to be reproduced in extenso as recorded in the general diary. It reads:

(3.) Ganga Prasad Tripathi (P. W. 3) who was at that time Sub-Inspector (II) at the Police Station Mohammadabad thereupon left for Village Mundgaon and arrived at the appellant's house at about 12 noon. There he found Harnath Singh, father of the appellant, present at the door. The Sub-Inspector then collected the Panchas and found the dead body of Savitri Devi lying on a cot inside a room close to the court yard. The dead body was covered with a chaddar. Smt. Bari Beti, mother of the appellant, was present in the house. She was asked by the Sub-Inspector to remove the chaddar so that the necessary investigation into the apparent cause of death could be held. But Bari Beti declined to comply with this request. After some time, however, she was persuaded by the Sub-Inspector and the panchas to do so. She then went inside the room where the dead body was lying and removed the chaddar but not completely. She kept the face of the dead body covered. When the Sub-Inspector insisted on seeing the face for the purpose of preparing his report Harnath Singh, the father of the appellant, Jagdeep Singh, brother of Harnath Singh and others present objected to it saying that it was a question of family honour and prestige and that the face of the deceased could not be uncovered. When every effort made by the Sub-Inspector to persuade the people to comply with his request failed, he himself removed the chaddar from the face of the dead body and saw an incised wound on her face. One corner of her sari was also besmeared with blood. Harnath Singh and Bari Beti then moved away towards the court yard. On enquiry by the Sub-Inspector as to what they had to say about the injuries on the face of the deceased Harnath Singh and Bari Beti kept quiet and gave no reply. The atmosphere seems to have become tense and the Sub-Inspector found it to be very difficult to continue the examination of the injuries on the body of the deceased. Harnath Singh and Bari Beti as also other present started pleading with the Sub-Inspector not to send the body for postmortem. Ultimately the panchas recorded their separate opinion on the report prepared by the Sub-Inspector. This opinion reads:-