BALVIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the captioned appeals arise from a common judgment and order passed by the High Court dismissing two criminal appeals of two accused persons tried in one sessions case those were heard analogously and are being disposed of by this common judgment and order.

(2.) These appeals are at the instance of two convicts and are directed against a common judgment and order dtd. 24/3/2014 passed by the High Court of Uttarakhand at Nainital in the Criminal Appeal No. 273 of 2013 and Criminal Appeal No. 274 of 2013 respectively by which the High Court dismissed both the appeals and thereby affirmed the judgment and order of conviction passed by the Additional District and Sessions Judge Kotdwar, Garhwal in the Sessions Trial No. 48 of 2008 holding Balvir Singh (husband) guilty of the offence of murder punishable under Sec. 302 of the Indian Penal Code, 1860, (for short, the IPC) alongwith the offence punishable under Sec. 498A of the IPC and Maheshwari Devi (mother-in-law) guilty of the offence punishable under Sec. 498A of the IPC read with Sec. 34 of the IPC.

(3.) The deceased, namely, Sudha was married to Balvir Singh. The marriage of the deceased with Balvir Singh was solemnised on 12/12/1997. In the wedlock a son was born. On 2/6/2007, father of the deceased, namely, Virendra Singh (PW1) preferred an application in the court of the Judicial Magistrate First Class, Kotdwar, Garhwal under Sec. 156(3) Code of Criminal Procedure, 1973 (for short, the CrPC), seeking a direction to the Police to register an FIR in connection with the death of his daughter in suspicious circumstances. The Judicial Magistrate First Class, Kotdwar, Garhwal, passed the following order dtd. 4/6/2006: