DIWAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) IN the instant case, criminal law was set into motion, at the instance of Bachi Singh, who lodged an FIR on 18.08.1991, at 10:00 A.M., in police station, Bageshwar, the then, District Almora, against three named accused persons, which was registered as case crime no. 82 of 1991, under Section 304B of IPC. After the investigation, a final report was submitted. Final report was rejected by learned Magistrate. After further investigation, a charge -sheet was submitted against all the three accused persons, namely Diwan Singh alias Durgapal Singh, Chhatrapal Singh and Smt. Ramuli Devi for the offence punishable under Section 306 of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 498A and 304B of IPC was framed against the accused persons, who pleaded not guilty and claimed trial.

(2.) PW 1 Narayan Singh and PW2 Jeewan Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW1 Mohan Singh was examined in defence. After considering the evidence on record, learned trial court convicted accused Diwan Singh alias Durgapal Singh, Chhatrapal Singh and Ramuli Devi under Section 304B of IPC. Each one of the convict was sentenced to undergo rigorous imprisonment for seven years alongwith a fine of Rs. 1,000/ - each. Feeling aggrieved against the impugned judgment and order dated 20.05.2002, present criminal appeal was filed by the accused -appellants.

(3.) PROSECUTION led the evidence through PW2 Jeewan Singh, who stated in his examination -in -chief that deceased Hansi Devi was his sister. She was married to accused Diwan Singh on 12.03.1991. She died in August 1991. Whenever Hansi Devi came to her parental home she used to complain that her husband, brother -in -law and mother -in -law harassed her for want of giving sufficient dowry. Victim used to complain that the accused persons demanded T.V., gold ornaments and cash of Rs. 3,000/ -. PW2's father gave Rs. 3,000/ - to the accused. Victim felt helpless when accused persons continuously harassed her. Her in -laws did not feed her properly. She was given stale food. Victim was given medical treatment at Ranikhet by the members of her parental home. Thereafter, she was sent to her matrimonial home. In August 1991, PW2 read the news of the death of his sister in the newspaper. The family members of matrimonial home of the deceased did not inform the members of her parental home regarding her death. PW2's father (since deceased) (not examined) wrote a complaint (Ext. Ka -1) to the District Magistrate, Almora. Diwan Singh had threatened, before said incident, that if the articles, as demanded by him, were not provided to him, the victim would be killed. Victim was continuously harassed by her in -laws or she was compelled to commit suicide. PW2 also proved letter (Ext. Ka -2) written by his father to him. He also proved letter (Ext. Ka -3) written by his wife to him. In his cross -examination, PW2 stated, among other things, that he did not come to know that Hansi Devi was ill. PW2 did not come to know of victim's ailment, even after letter written by his wife was received by him. He came to know of the ailment of the victim only when his (PW2's) younger brother brought the victim to Ranikhet. PW2 came to know that Diwan Singh went to Chandigarh in search of employment. Diwan Singh went to Chandigarh after one month of his marriage with the victim. The victim was given medical treatment by Dr. N.K. Pandey at Ranikhet. Accused Diwan Singh threatened the victim in presence of one Naveen Chandra Pandey (not examined). Hansi complained before Naveen Chandra Pandey that her in -laws harassed her for want of giving sufficient dowry. PW2's wife (not examined) was present in the village at that time. PW2 denied the suggestion of the defence that the victim was suffering from mental disorder. PW2 further admitted that he remained at Ranikhet even after hearing the news of demise of his sister (victim). He also denied the suggestion that the inland letters purported to be written by his father and his wife were not written by them. He came to know through newspaper that his sister committed suicide. Ext. Ka -2 was purportedly written by the father of PW2, who was informant of the case (since deceased), to him. In this letter dated 06.08.1991, it was written that Hansi Devi told her father that her husband was demanding Rs. 3,000/ -. Hansi Devi insisted for giving the money, which money was managed by the father of victim and given to the couple (Hansi -Diwan). Nowhere in the said letter it was written that said demand was a dowry demand.