VIJAYA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In April, 2002, Devaki got married to Vijaya Singh. More than an year after the wedding, on the fateful day of 14/9/2023, Devaki died an unnatural death at the house of her in-laws. Vijaya Singh, appellant no. 1 herein, was accused of murdering her along with his mother, namely Basanti Devi, appellant no. 2 herein. The case was registered as FIR No. 04/2003 at PS R.P. Jakholi, Rudraprayag, District Garhwal, Uttarakhand. After the conclusion of investigation and trial, the Trial Court found the appellants guilty. In appeal, the High Court of Uttarakhand also found them guilty and upheld the decision of the Trial Court. The appellants, by way of instant appeal, have assailed the Judgment and Order dtd. 29/8/2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 148 of 2004, whereby the said appeal preferred by the appellants was dismissed.

(2.) The appellant No.1 happened to be the husband and the appellant No.2 happened to be the mother-in-law of the deceased Devaki. After the incident, the FIR was registered at the instance of the complainant Shankar Singh (brother of the deceased Devaki), against the present appellants and Shri. Matbar Singh (father-in-law of the deceased). It was alleged inter alia in the said complaint that on 14/9/2003 at about 9 P.M., he had received one phone call from the in-laws of his sister at Gram Sabha Dangi (Village Hariyali) informing him that his sister had poured kerosene oil over her person at about 6 P.M. and had set herself ablaze. According to the complainant, he along with his two brothers went to the place of occurrence, where they saw that their sister was lying in almost naked condition with green grass having been put over her body and they suspected that their sister was murdered and she had not committed suicide.

(3.) The Investigating Officer, after completing the investigation, filed the chargesheet against the appellants for the offences under Ss. 302 and 201 of Indian Penal Code, 1860 [Hereinafter referred as "IPC"]. The case was committed for trial to the Sessions Court and the District & Sessions Judge, Rudraprayag, vide the Judgment and Order dtd. 14/5/2004, convicted both the appellants for the commission of offence under Sec. 302 of IPC and sentenced them to life imprisonment and fine of Rs.5,000.00 each, and in default thereof, to further undergo imprisonment for a period of 6 months. The said Court also convicted them for the offence under Sec. 201 of IPC and sentenced them to undergo imprisonment for a period of 2 years with payment of fine of Rs.2000.00 each, and in default thereof to further undergo imprisonment for a period of 3 months. Being aggrieved by the said Judgment and Order passed by the Trial Court, the appellants had preferred an appeal being Criminal Appeal No.148 of 2004 before the High Court, which came to be dismissed by the High Court vide the impugned Judgment and Order dtd. 29/8/2012.