MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two criminal Appeal preferred by the appellants Mahendra Singh and Smt. Sub Dei Devi alias Subudhi Devi against the judgment and order dated 04.01.2003 passed by Shri Rama Kant Sharma, the then Sessions Judge, Rudraprayag in S.T. No. 27/2002 by which he convicted and sentenced the appellants under section 304B IPC to undergo R.I. for seven years and under section 120B IPC to undergo R.I. for seven years and under section 120B IPC to undergo R.I. for one year, u/s. 498A IPC to undergo R.I. for six months and u/s 201 IPC to undergo R.I. for one year. All the sentences were ordered to run concurrently.

(2.) THE facts, in brief, are that the appellant Mahendra Singh and Smt. Bhaga Devi (deceased) were married on 03 -03 -2002 according to Hindu rituals. The appellants maltreated the deceased Smt. Bhaga Devi for dowry after the marriage and said that her father had given nothing in dowry. The appellant Mahendra Singh is the driver and he has tortured the deceased several times. The appellant Mahendra Singh demanded money for dowry for purchase of vehicle. When the deceased went to her parental house she brought the above facts to the notice of her parents and further informed them that her husband and mother -in -law tortured her for dowry. On 17 -06 -2002 when Gyan Singh (PW -1) went to the village of in -laws of his daughter (deceased), the deceased demanded tools for agriculture purpose, like Kudal and Sickle. On 26 -06 -2002 when the complainant Gyan Singh (PW -1) went along with the aforesaid tools at the house of his daughter then the deceased was not at the house. On inquiry the appellant Smt. Sub Dei Devi alias Subudhi Devi informed that the .deceased had left somewhere. Gyan Singh (PW -1) believed that his daughter had been murdered.

(3.) GYAN Singh (PW -1) submitted application dated 27 -06 -2002 Ex.Ka -1 to the District Magistrate, Rudraprayag narrating the above facts. On the basis of written report Ex.Ka -1, FIR Ex.Ka -3 was prepared by Balbir Singh Negi Patwari (PW -5) and a case was registered against the appellants and others vide G.D. entry Ex. Ka -4 and also prepared site plan Ex. Ka -5 of the place of the .occurrence. Balbir Singh Patwari (PW -5) arrested the appellant Mahendra Singh on 28 -06 -2002 and prepared memo of arrest Ex. Ka -6. He also prepared memo Ex.Ka -2 in respect of recovery of Dhoti of the deceased on 06 -07 -2002. Thereafter the investigation was entrusted to R.P. Singh (PW -7) S.O. vide letter dated 09 -07 -2002 of S.P. Rudraprayag Ex.Ka -8. He prepared site plan Ex.Ka -9. After recording the statements of the witnesses the case was converted into sections 304 B/201 IPC vide G.D. entry Ex.Ka -11. Thereafter the investigation was transferred to Shri Thakur Singh Rawat (PW -8) S.P. Rudraprayag. After completing investigation charge -sheet Ex. Ka 24 was submitted against the appellants and others.