VIJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Vijendra Singh along with his father Gyan Chand, mother Gaurdei and Rajendra Singh stood trial for the offence punishable under section 302 read with 34 of Indian Penal Code (hereinafter referred to as IPC). The Trial Court convicted appellant Vijendra Singh for the offence punishable under section 302 IPC and sentenced him to undergo life imprisonment. However, Gyan Chand, Gaurdei and Rajendra Singh were acquitted for the offence punishable under section 302 read with 34 IPC. Madan Singh father of deceased submitted an application (Exhibit ka 1) to SO, Police Station - Kotwali Uttarkashi, on 2.8.1994 stating that accused Vijendra Singh had taken away his daughter Mandei in the month of November, 1993 and thereafter, performed Court marriage with her. It is submitted that marriage could not be performed as both Vijendra Singh and Mandei belong to the same community. However, after the marriage Vijendra Singh and family members of Vijendra Singh started harassing and torturing Mandei, of which she had made complaint to her mother and the complainant. On 14.5.1994, accused administered some poisonous substance to his daughter which resulted into her death. It is further stated that after Vijendra Singh performed marriage with his daughter, entire village fraternity socially boycotted his family and therefore, they started living outside the village in a hut. Being ostracized, they were feeling aggrieved and they tried to get rid of Mandei. Complainant was informed about the death of Mandei by one Kirti Singh. The complainant stated in his application that on 16.5.1994 he had submitted one application in the police station under pressure of co-villagers but the said application has not been brought on record.

(2.) ON receipt of the information, initially investigation was conducted by SI Shyam Singh, which was later on handed over to SI Alok Kumar, He recorded the statements of the witnesses, prepared the panchayatnama (Exhibit Ka 6), site plan (Exhibit ka 8), Sketch of dead body (Exhibit Ka 7) was prepared by earlier Investigating Officer. Dead body was sent to the District Hospital for conducting autopsy.

(3.) ACCUSED, when examined under section 313 Cr.P.C. denied the allegations, oral and documentary evidence produced by the prosecution and pleaded false implication. No evidence was led in defence.