JITENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 29.04.2010, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 25 of 2007, whereby said court has convicted the three appellants Jitendra Singh (husband), Shoor Singh (father-in-law) and Gangotri Devi (mother-in-law) under section 304B IPC, and sentenced each one of them to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 50,000/-. Each one of the appellants has been further convicted under section 498A IPC, and sentenced to rigorous imprisonment for a period of one year. Heard learned counsel for the parties, and perused the lower court record.

(2.) Prosecution story in brief is that appellant Jitendra Singh got married to Neelam (deceased) in the intervening night of 01.03.2006 and 02.03.2006, in village Jood. After about nine and half months of the marriage a son was born out of the wed-lock on 30.12.2006. Naming ceremony of the son was performed on 11.01.2007. Within seven days thereafter on 17.01.2007, Neelam died of extensive burn injuries. P.W. 1 Shankar Singh (father of the deceased) lodged First Information Report (Ex. A1) on the very day (17.01.2007) with Revenue Patti Patwari Lagoor Walla, Circle 2, complaining the dowry death. (In Uttarakhand Hills in certain areas Revenue Officials have been given police powers). In said FIR it is alleged by the complainant (P.W.1) that on 04.01.2007, when he went to the matrimonial house of his daughter Neelam her in-laws demanded a motor-cycle and Rs. 50,000/-to be given on the naming day ceremony. On 11.01.2007, Neelam told her mother that her husband, father-in-law and mother-in-law have asked for motor-cycle and Rs. 50,000/-.

(3.) It is also alleged in the FIR that deceased told her parents that if the demand is not fulfilled she would be killed. A crime no. 1 of 2007, was registered by the Revenue Police and investigation started. P.W. 6 Sampoornand a Patwari, after preparing the check report of FIR and made necessary entries in the General Diary, went to the village Hitkandhala (matrimonial house of the deceased) and took the dead body of Neelam in his possession and prepared inquest report (Ex. A2). The dead body was sealed, and necessary papers were prepared whereafter dead body was sent for post-mortem examination. P.W. 4 Dr. S.P.S. Negi of Government Joint Hospital, Kortdwar, conducted post mortem examination on 18.01.2007, and prepared autopsy report (Ex. A3). The said Medical Officer recorded ante mortem injuries, and opined that deceased had died of shock due to ante mortem burn injuries. Smell of kerosene is also mentioned in the report of the medical officer, who found that whole of the body burnt, black coloured, charred and roasted except four percent of feet and four percent of pubic region. The Patwari inspected the spot and interrogated the witnesses. The investigation was later transferred to P.W. 7 Ram Charan Naib Tehsildar of the area who completed the investigation and submitted charge sheet (Ex. A10) against three accused namely Jitendra Singh (husband), Shoor Singh (father-in-law) and Gangotri Devi (mother-in-law) of the deceased for their trial in respect of the offences punishable under section 498A, 304B IPC.