SHER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 24.6.1998 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 9/1994, State v. Sher Singh & Anr., whereby the accused appellant Sher Singh has been convicted under Section 498-A and 304-B of Indian Penal Code, 1860 (for short, IPC) and sentenced to R.I. for one year u/s 498-A IPC and 7 years' R.I. u/s 304-B IPC. Both the sentences have been directed to run concurrently. However, accused appellant was acquitted of the charge for the offence punishable u/s 201 IPC. Co-accused Avtar Singh has been acquitted by the trial court for the charge of offence punishable u/s 498-A, 304-B & 201 IPC.

(2.) The prosecution case, in brief, is that PW1 Alam Singh moved an application Ex. Ka-1 against the accused appellant Sher Singh, his wife Smt. Gavri and other accused persons before the District Magistrate, Tehri Garhwal on 19.9.1992 with the averments that in December, 1988 his daughter Smt. Kapuri was married to Sarop Singh, son of accused appellant Sher Singh as per Hindu rites. Sarop Singh was doing service in Mumbai and his daughter Smt. Kapuri was living along with her in-laws in their house. Accused appellant Sher Singh, his wife Smt. Gavri and his son were harassing his daughter in connection with the demand of dowry and threatened her that she was not fit for them and if she would not bring the dowry and gold ornaments, they would not allow her to live in their house. Due to this reason, she was not given food and clothes and ultimately she had to take shelter in the house of the complainant in the month of December, 1990. It was further averred that in December, 1991 husband of Smt. Kapuri came along with his brother-in-law Surjan Singh at the house of complainant and took her along with them on their responsibility. His daughter had told them at that time that the brother of her husband and her in-laws had threatened her that their son was in a good service and she was not fit for him due to being uneducated and if she would not bring the gold ornaments and other articles in dowry, they would kill her and thereafter they shall perform second marriage of their son. But her husband and brother-in-law of her husband taken full responsibility for keeping her well. On 21.8.1992 on the occasion of Janmastami, when his daughter Smt. Kapuri came to her maternal house, she told the complainant and other family members that her in-laws and her brother-in-law (devar) were extremely harassing her with intention to turn her out of the house, but the complainant sent her again to her in-laws house after convincing her. It has also been averred by the complainant that three years ago, the accused appellant had bought a buffalo from him and had agreed to pay five thousand for the same. But when the complainant demanded the aforesaid money from the accused appellant, he asked him to adjust it towards the dowry otherwise take her daughter back. It is also stated in the application that all the accused in collusion with each other had intentionally killed his daughter on 12 th or 13th September and thereafter they had also cremated her dead body to finish the evidence with a view to screen themselves from the legal punishments and the complainant received this information from Bachan Singh (PW5) on 17.9.1992. He has further stated that on the basis of aforesaid averments he had full doubt that the accused appellant and other accused persons had murdered his daughter Smt. Kapuri and thereafter also cremated her dead body with intention to screen themselves from the legal punishment.

(3.) On the aforesaid application Ex. Ka-1, the then Addl. District Magistrate, Tehri Garhwal directed the Supervisor Kanoongo, Dangi, Nailchami to register and investigate the case. Thereafter on 22.9.1992 the Supervisor Kanoongo directed Patwari, Kathoor for registering a case and also for investigating it by the competent officer. Thereupon, on the same day i.e. on 22.9.1992 at 5.30 pm, Sri Rameshwar Prasad Bhatt, Patwari prepared the chick FIR Ex. Ka-2 on the basis of written report Ex. Ka-1. He also made the necessary entries in the GD. Copy of GD is Ex. Ka-3. Investigation of this case was entrusted to PW7 Mohan Singh, the then Kanoongo of Dangi (In rural hilly areas of State of Uttarakhand, the Patwaris and certain revenue officials are vested with police powers vide U.P. Govt. Notification No. 494/VIII-418-16 dated 7/3/1916). During the course of investigation, the I.O. recorded the statements of the witnesses and also inspected the place of occurrence and prepared the site plan Ex. Ka-4 Thereafter the investigation was transferred to PW8 Madho Singh, Naib Tehsildar, Jakholi, who during the course of investigation also recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka-5 against the accused appellant and the co-accused (acquitted by the trial court).