SATYE SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal filed by the appellants-accused emanates from the Judgment dated 29th August, 2013 passed by the High Court of Uttarakhand at Nainital in Criminal Jail Appeal No. 64/2010, whereby the High Court has dismissed the said appeal and upheld the conviction and sentence awarded by the District and Sessions Judge, Tehri Garhwal in Sessions Trial No. 22/2009. Both the appellants-accused were convicted by the Sessions Court for the offence under Section 302 read with Section 34 and Section 201 of the IPC and were sentenced to undergo life imprisonment and pay fine of Rs. 20,000/- for the offence under Section 302 read with Section 34 and to undergo rigorous imprisonment for a period of six years and pay fine of Rs.10,000/- for the offence under Section 201 of the IPC.

(2.) The case in nutshell of the prosecution before the Trial Court was that Smt. Shashi Devi had married the accused- Satye Singh four years prior to the date of incident which had taken place any time between the evening of 27.06.2009 to the morning of 28.06.2009. The accused- Indra Devi happened to be the mother of the accused-Satye Singh. On 28.06.2009 at about 8.40 a.m., Rai Singh (PW-8), Pradhan of the village-Ger of the accused informed Virendra Raj (PW-11), Naib Tehsildar, Revenue Police telephonically that one lady had died due to burns. The Naib Tehsildar -Virendra Raj (PW-11) therefore reached at the spot i.e. Chhan (hut) of the accused, after making an entry of the said information in the G.D. vide Rapat No. 28/42, and saw that the dead body of the deceased was lying in the room of Chhan in the burnt condition. It was the further case of the prosecution that Sharad Singh, father of the deceased, on receiving the phone call from the accused-Satye Singh had also arrived on the spot. The said Sharad Singh gave a written complaint to the Naib Tehsildar against the accused-Satye Singh (husband), Indra Devi (mother-in-law), and Sangeeta Devi (sister-in-law) of the deceased, which was registered as the Case Crime No. 16/2009 on 28.06.2009 at about 4.50 p.m., at the Revenue Police Station Bayargaon, District Tehri Garhwal. After the inquest proceedings were conducted, the dead body was sealed and taken to the Baushari Hospital for the post- mortem. The said Naib Tehsildar after drawing the panchnama and other proceedings, arrested the accused- Satye Singh. He also recorded the statement of other witnesses. Thereafter, he having been transferred, the further investigation was handed over to the Naib Tehsildar, Gunanand Bahuguna (PW-10). The said Investigating Officer after completing the investigation filed charge-sheet against the accused- Satye Singh and Indra Devi showing the accused Sangeeta Devi as absconding, for the offences under Sections 302 and 201 of the IPC in the Court of Chief Judicial Magistrate, Tehri Garhwal.

(3.) The said case being triable by the Court of Sessions was committed to the Sessions Court, Tehri Garhwal for trial. Both the accused having denied the charges levelled against them, the prosecution to prove the charges, led oral evidence by examining 11 witnesses and also adduced documentary evidence. After the completion of the evidence of prosecution, the accused-Satye Singh in his further statement before the Trial Court recorded under Section 313 of Cr.P.C. stated inter alia that there was no custom of dowry in their society and that he did not know how his wife Shashi died. He further stated that he along with other people of the village had kept on searching Shashi for the whole night but she was not found. According to him, Shashi had possibly committed suicide. The accused- Indra Devi had stated that since she was the mother of Satye Singh, she was falsely implicated in the case. The Trial Court after appreciating the evidence on record convicted and sentenced both the accused as stated hereinabove, vide order dated 11.10.2010, which came to be upheld by the High Court vide the impugned order.