AMAR SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order dated 02.08.1999 passed by the Sessions Judge, Chamoli in Sessions Trial No. 33 of 1996 convicting the appellant for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short I.P.C.) and sentencing him to undergo five years imprisonment and under Section 498-A of the I.P.C. to undergo three years imprisonment. Both the sentences have been ordered to run concurrently.

(2.) Brief facts of the case in nutshell are that Rameshwari Devi was married with Prem Singh, son of accused Amar Singh about three years prior to the present occurrence. Prem Singh was in service and residing at Delhi whereas Rameshwari was residing with her father-in-law and mother-in-law in village Ratuda On 18th June 1995 Smt. Pavitra Devi (PW-1) mother of Rameshwari submitted a written complaint Ex. Ka-1 before the S.D.M. Rudraprayag alleging that Rameshwari Devi was ill treated by her in-laws. About one year prior to the occurrence i.e. in the yaer 1994 a necklace (Gulband), which was gifted by in-laws of Rameshwari was lost. Her father-in-law and sister-in-law gave beatings to Rameshwari. Her in-laws told that her father should get a new necklace of the same design made and give it to them. On 19th June 1995 at about 2/3 p.m. some person from the village informed Govind Singh that his daughter was missing from her in-laws house for the last two-three days. Complainant Pavitra Devi went to in-laws house of her daughter. On an inquiry it was disclosed that Rameshwari had gone to collect grass but had not returned and her slippers, Daranti and Kandi were found lying at the bank of river. However, none from her in-laws house disclosed as to since when Rameshwari was missing. The complainant suspected that her in-laws have committed the murder of her daughter. Govind Singh (PW-2), father of deceased, who was working as driver at Meerut also submitted a written complaint Ex. Ka-2 before the S.D.M. on 24th June 1995 stating almost the similar facts as mentioned in Ex Ka-1. The S.D.M., therefore, directed that the matter be investigated by the police. On the basis of the complaint, Chick F.I.R. Ex. Ka-6 was recorded on 25th June 1995 at 11:00 a.m. The dead body of Rameshwari Devi could not be recovered even upto the date of filing the charge sheet.

(3.) The investigation was entrusted to Patwari, Shailendra who took into possession Kandi, Daranti and Slippers belonging to Rameshwari which were found by Shishupal during the search and were taken in possession vide memo Ex. Ka-3 after making them into in a sealed parcel. Since Shailendra died in an accident, as such, the investigation was handed over to Naib Tehsildar Dwarika Prasad Bhatt (PW-5), who inspected the spot and prepared the site plan Ex. Ka-5 and recorded the statements of the witnesses.