CHARAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellants 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 28.8.1997 passed by the Special Judge/Additional Sessions Judge, Nainital in Sessions Trial No. 464 of 1995, State v. Charan Singh & Ors., whereby each of the accused appellants, viz., Charan Singh, Gurmeet Singh and Santo Kaur have been convicted under Section 304-B, 498-A and 201 of Indian Penal Code, 1860 (for short, IPC) and each of them has been sentenced to R.I. for 10 years u/s 304-B IPC, R.I. for 2 years u/s 498-A IPC and R.I. of 2 years u/s 201 IPC. All the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that on 24.6.1995 at 6.15 pm, PW1 Pratap Singh lodged an oral report in PS Jaspur with the averments that two years ago, his daughter Smt. Chhilo Kaur was married to appellant accused Charan Singh resident of village Bhogpur Dam, PS Jaspur as per the Hindu rites. In the marriage, he had given dowry according to his status. After two months of the marriage when his daughter Smt. Chhilo Kaur came to her maternal home, she told the complainant that her in- laws had asked her to bring a motorbike as the same has not been given in dowry. The complainant made her understand that he was not capable of giving a motorbike and he would consider it whenever he would be in a position to give it and sent her daughter to the house of her in-laws. Thereafter whenever his daughter came to her maternal home, she used to tell the complainant about the demand of motorbike by her in-laws. After one year of marriage, she told the complainant that her in-laws are also demanding land. Every time the complainant used to send his daughter to the house of her in-laws after making her understand. On the previous day of lodging the report i.e. on 23.6.1995 one Jagir Singh of village Bhogpur Dam came to him and told him that his daughter Smt. Chhilo Kaur was murdered by her in-laws. On this information, the complainant along with his wife came to Bhogpur Dam on 24.6.1995 where he came to know that at about 8 am on 22.6.1995, his daughter Smt. Chhilo Kaur was beaten and strangulated to death by her husband Charan Singh, brother-in-law Gurmeet Singh, and mother-in-law Santo Kaur i.e. the accused appellants and thereafter her dead body was also cremated by them. The complainant has further averred that his daughter was killed because of non-fulfillment of demand of motorbike and land in dowry. After her death, the injuries on the body of his daughter were seen by Balbir Singh (PW2), Beero Bia (PW3), Jogendra Singh (PW4) and Kishan Singh, the residents of village Bhogpur Dam and she died because of those injuries.

(3.) With the aforesaid averments, an oral report was lodged by PW1 Pratap Singh. On the basis of this report, chick FIR Ex. Ka-1 was prepared by Head Moharrir Bhagwan Singh. He also made the necessary entries in the GD, copy of which is Ex. Ka-2. Investigation of this case was entrusted to PW6 Babban Singh, Circle Officer Kashipur. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka-3 where the dead body of Smt. Chhilo Kaur was seen lying on the cot in the house of accused appellants. He also inspected the site of cremation and prepared the site plan Ex. Ka-4. The I.O. also collected the ashes which were mixed with soil and prepared the fard Ex. Ka-5. On 26.6.1995, the I.O. issued an order Ex. Ka-6 and thereby directed the Station Officer, Jaspur to arrest the accused appellants. The I.O. during the course of investigation recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet Ex. Ka-7 against the accused appellants under Section 304-B and 201 IPC.