LOKENDRA Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 16th of December 1998, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 09 of 1997, whereby said court has convicted accused / appellant Lokendra under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced him to imprisonment for life.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that P.W. 1 Vishal Mani lodged first information report (Ext. A 1) with Patwari Chamiala on 05.11.1996, stating that his sister Beena (deceased), who was married to accused / appellant Lokendra, used to complain that she was subjected to cruelty by the accused. On 30th of October 1996, she came to her parental house and took her child to a hospital in Pilkhi for vaccination. She left along with her child in the evening for her in-laws house. On 01.11.1996, accused / appellant Lokendra came to the complainant (P.W. 1) and told him that Beena is not traceable. Thereafter, according to the complainant, he made search with his relatives for Beena, who could not be found for 3-4 days, and only thereafter on 05.11.1996, report (Ext. A 1) was lodged with the Patwari (In the interior hills of Uttarakhand, certain Revenue Officials are given police powers, under U.P. Government Notification No. 494 / VIII 418 16 dated 7th March 1916). On 06.11.1996, the complainant along with his relatives could find body of Beena lying in river Mandakini, near Tilwara. Another report (Ext. A 3) was given to Patwari of Tunaitha Bhardar (within the limits of said patwari circle the body was found). In said report, P.W. 1 Vishal Mani stated that on 01.11.1996, accused Lokendra told him about the fact that his wife was missing. On search it was found that on 31.10.1996, Beena had left with her husband Lokendra for Ghansali to a flourmill, where after she was not seen. The complainant further informed that the dead body has been found in the river Mandakini. On this, P.W. 9 Suresh Kumar, the then Patwari, went to the river, took the dead body in his possession and prepared inquest report (Ext. A 6). The dead body was sent for postmortem examination in a sealed cover. P.W. 5 Dr. Lalit Kishor Gusain conducted the postmortem examination on dead body of the deceased on 07.11.1996, at 11:00 A.M. However, he did not find any ante mortem injuries on the dead body. He opined in the autopsy report (Ext. A 2) that cause of death could not be ascertained, and viscera was preserved for chemical analysis. A report (Ext. A 19) was received from the Forensic Science Laboratory, after chemical analysis of the viscera, in which it was reported that the contents of viscera contained organochloro insecticide. Meanwhile, on the basis of report (Ext. A 1), Crime No. 13 of 1996, was registered at Patwari Circle Chamiala against accused Lokendra (initially in respect of offence punishable under Section 498-A of I.P.C., but later converted to one punishable under Section 302 of I.P.C.). P.W. 10 Dhani Ram Patwari investigated the crime. After interrogating the witnesses, inspecting the spot, and collecting the evidence, he submitted charge sheet (Ext. A 17) against the accused Lokendra for his trial, in respect of offences punishable under Section 302 and 498-A of I.P.C.