GULAB SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint was moved by Sultan Singh s/o Kotwal Singh to Patti Patwari, Chowki Chaura, District Pauri Garhwal, on 06.07.1995 at 04:00 p.m. According to the informant, on the selfsame day (i.e. 06.07.1995) at 09:00 a.m., he saw that his grand daughter Laxmi, daughter of Daulat Singh, was crying bitterly.

(2.) PW1 Sultan Singh said in his examination-in-chief, that on 06.07.1995, on hearing the cries of the daughter of victim at 09:00 a.m., when he went to Laxmi to enquire from her the reason of her crying, she said that her mother was dead. PW1 went to the field and saw that the victim was dead. There were some injuries on her body. PW1 called the villagers and submitted a report to Patti Patwari around 04:00 p.m. PW1 proved his complaint (Ext.Ka-1). Patti Patwari came on the place of occurrence. In his cross-examination, PW1 said that he did not know whether victim Deewani Devi was at her residence on 05.07.1995 or not? He came to know of the marriage of PW2 Laxmi only after the incident. PW2 Laxmi told PW1 that she did not stay in the house of the victim during the intervening night of 5/6.07.1995. The house in which PW2 Laxmi was staying during the intervening night of 5/6.07.1995, was situated at a distance of 100 paces from the house of the victim. PW1 thus did not see the incident. He was only the informant, who moved the complaint on the basis of his conversation with the daughter of the deceased.

(3.) When PW2 Laxmi Devi entered into the witness box, she said that Deewani Devi was her mother and appellant Darshan Singh was the father of her bhabhi (sister-in-law) Sampati Devi.