RAJPAL SINGH AND ORS. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of Sessions Judge, Chamoli dated 2.5.2001, passed in Sessions Trial No. 26/97 pertaining to Crime No. 1/97, Patwari Circle Saterakhal, wherein the accused Appellants Rajpal Singh, Smt. Mangi Devi and Prakash Singh are convicted under Section 304B IPC and have been asked to undergo life imprisonment. They have further been convicted for the offence of Section 498A IPC and sentenced to three months' rigorous imprisonment. Both the sentences have been directed to run concurrently.

(2.) AS per the FIR, lodged by Raghuveer Singh, father of the deceased Smt. Rekha Devi, the facts are that the deceased Smt. Rekha was wedded in December, 1995 with Tajwar Singh, S/o Rajpal Singh, R/o village Nari (Sily), Tehsil Rudraprayag, as it then was (now district Rudraprayag). It has been stated in the FIR that even at the crucial hours of the marriage i.e. when Tajwar Singh (groom) was being asked to perform the ritual of the anvil of sacred fire, he and his father Rajpal Singh were dissatisfied on the question of dowry, which was offered to them by the girl's father and they were not ready to leave the anvil until their demands were satisfied. Anyhow, they were persuaded to leave the place. The bride's father Raghuveer Singh did not raise this attitude further keeping in mind the prospective peaceful life of his daughter, which he expected after tying the knot of the deceased with Tajwar Singh. But his daughter was consistently being tortured not only by the husband Tajwar Singh but also by the father -in -law Rajpal Singh, mother -in -law Smt. Mangi Devi and brother -in -law Prakash Singh. He tried to persuade all the delinquents, but all in vain. He being a poor person could not fulfill the aspirations of dowry as was nurtured by in -laws of his daughter. He has alleged that his daughter was not even offered both ends meal and sufficient clothes to wear on by her in -laws. Whenever she used to visit her father's house, he always gave something in order to fulfill the demands of her in -laws. Smt. Rekha, whenever came to her father's house, used to disclose several complaints as she had from the attitude of her in -laws, but anyhow she was consoled.

(3.) IN the dowry death, the investigation in hills is made by Naib Tehsildar (equivalent to Deputy S.P. rank of the regular police). After the investigation, the charge sheet was submitted against only three accused persons i.e. Rajpal Singh (father -in -law), Smt. Mangi Devi, W/o Rajpal Singh (mother -in -law) and Prakash Singh, S/o Rajpal Singh (younger brother -in -law). Charge sheet is Ex. Ka -7.