BHIM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, by special leave, has been filed against the judgment and order dated 23.03.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1706 of 2001 whereby the High Court while acquitting the two co-accused (appellant Nos.2 & 3 herein), upheld the conviction and sentence of appellant Nos.1 & 2 herein, as awarded by learned Special Judge (CBI)/Additional Sessions Judge, Nainital, and dismissed their appeal. The learned Special Judge (CBI)/Additional Sessions Judge, Nainital, by its judgment and order dated 25.04.2000 passed in Sessions Trial No.36 of 1998 convicted appellant Nos.1 & 2 herein under Section 304-B of IPC and sentenced them to imprisonment for life, and further convicted all the appellants under Section 498-A IPC and sentenced them to rigorous imprisonment for one year and a fine of Rs.500/- to each of them. All the appellants were also convicted under Sections 3 & 4 of the Dowry Prohibition Act, 1961 and sentenced each of them to three months' simple imprisonment and fine.

(2.) The facts leading to this appeal are that one Bhim Singh S/o of Govind Singh, resident of Village Naliana in District Nainital got married to Prema Devi (deceased) on 4.5.1997. Appellants Nos.2 & 3, namely Aan Singh and Nain Singh are brothers of Bhim Singh and Appellant No.4, namely Janki Devi is the wife of Aan Singh (appellant No.2 herein). Prema Devi died unnatural death in her in-laws' house on 26.9.1997. Soon after the death of Prema Devi, Pushpa Joshi, Village Pradhan of Jeolikot made a complaint telephonically to Sub-Divisional Magistrate about the unnatural death of Prema Devi. Upon receiving this information, the Magistrate along with Sub- Inspector Shiv Singh Gusain (PW-7) reached the village and took the dead body in their possession and an inquest report was prepared on the same day. Post-mortem examination of the deceased was conducted on the same day at about 4.55 p.m. by Dr. D.K. Joshi (PW-5) and one Dr. H.C. Bhatt who prepared the Autopsy Report. Post-mortem report reveals that there were 90% burn injuries on the body of the deceased. Since the cause of death was not ascertained by the medical officers, therefore, vicera was preserved for chemical examination.

(3.) First Information Report was lodged on 27.9.1997 at around 1830 Hrs., at Police Station Jyolikot, Police Station Tallital, District Nainital by one Sri. Birbal Singh Sambhal, inter alia, stating that the marriage of his sister Smt. Prema Devi was solemnized with Bhim Singh son of Govind Singh, in the month of May, 1997 in Village Jyolikot, Nainital. The elder brother of Bhim Singh, namely Aan Singh played the role of mediator in finalizing the marriage. Several items were given in the aforesaid marriage. FIR states that Prema Devi, complainant's sister, told him that when she went to the house of her in-laws after marriage, her husband Bhim Singh, Aan Singh, Nain Singh, all sons of Govind Singh and Smt. Janki Devi wife of Aan Singh, used to taunt and torture her by saying that she had brought nothing in dowry. When she narrated these events to her parents they persuaded Prema and told her to adjust with her family and live with them cordially. Father of the complainant however convinced Prema that he would himself talk to her in-laws and settle things. They went to the house of the in-laws of Prema and tried their best to persuade them, but instead of settling matters, they exhorted to taunting. Consequently, Prema was advised to adjust herself to the situation. Thereafter when she came to her parents' house on the occasion of Rakhi, she told them that Bhim Singh, Aan Singh, Nain Singh and Janki Devi are repeatedly taunting and torturing her. She further told that the elder brother, Aan Singh threatened to insult her before the entire village and pressurised her for getting clothes and other items from her parents' house. On 27.9.1997 the complainant received information that his sister had died due to burning. Upon receiving this information, they immediately went to the house of Prema's in-laws and they found her dead. She was completely burnt. They were told that she had set herself on fire.