KHUSHAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE impregnability of judgment and order of conviction dated 27.5.2011 rendered by Additional Sessions Judge/Ist F.T.C., Nainital in Sessions Trial No. 126/2010, State v. Khushal Singh, is in question through this jail appeal. Initially, the convict Khushal Singh was tried for the offences under Section 302, 201, 498 IPC. However, the trial culminated into finding of guilt for the offences under Section 302, 201 IPC only. Accused appellant has been sentenced appropriately for the same. The said trial pertains to FIR No. 56/2010 lodged in Police Station Lalkuan, District Nainital on 11.6.2010 at 00.10 hours. The facts, as emerging out from the FIR lodged by Pooran Singh Kanwal (real brother of the deceased), are that his sister Smt. Bhagwati Devi was in the matrimony with accused Khushal Singh Garia for the last 13 years. The marriage was solemnized after offering ample dowry, but his sister was always subjected to traumatic torture alleging dearth of dowry in the said marriage. In the fateful night of 8/9th June 2010, Smt. Bhagwati was given severe beating by her husband (appellant) with the result that she breathed her last at the spot itself. The dead body of Smt. Bhagwati was thrown in the nearby sugarcane field in order to cause disappearance of evidence. On the next day, i.e. on 9.6.2010, Khushal Singh took both his children Master Pankaj and Pawan, who were in their adolescence, and came to Bageshwar to attend the marriage of real sister of the informant and the deceased. At about 8 PM on 9.6.2010, Pooran Singh Kanwal got telephonic information that his sister Smt. Bhagwati has been murdered. He enquired from Khushal Singh, who was present there in the company of informant at Bageshwar. Khushal Singh admitted that last night Smt. Bhagwati was little bit beaten at his hands, but he expressed his astonishment on the news of her death and then absconded from the spot leaving both his children Master Pankaj and Master Pawan in the company of informant. It has further been stated in the FIR that prior to the said incident, the accused was in the habit of beating his wife Smt. Bhagwati Devi and he was also a habitual drinker. Master Pankaj and Pawan, sons of the deceased, were named in the report as eyewitnesses of the incident. The report is Ex. Ka -1. Chick report thereof is Ex. Ka -2.

(2.) INQUEST was prepared on 9.6.2010 after 8 PM in the presence of a number of villagers and the police personnel. It continued up to 10.15 PM of the same night. The inquest report is Ex. Ka -4, The members of the inquest recommended for post -mortem to know the real cause of death. So, the autopsy was conducted by Dr. R.S. Kunwar (PW 8) on the next day (10.6.2010) at 10.30 AM in the Government Hospital, Haldwani. Postmortem report is Ex. Ka -6. Following ante -mortem injures were noticed by the doctor on the dead body of the deceased:

(3.) THE prosecution examined as many as nine witnesses. PW 1 Master Pawan Singh and PW 2 Master Pankaj are the minor children of accused and the deceased. They are also the eyewitnesses of the incident. PW 3 Pooran Singh, real brother of the deceased, is the complainant. PW 4 Ravi Mangla and PW 6 Kitar Singh (father -in -law of deceased) are also the eyewitnesses of occurrence. PW 5 Head Constable Narendra Singh is a formal witness. PW 7 Gokul Singh Rana and PW 9 S.I. Satish Chandra Kapri are the witnesses of inquest. PW 8 is Dr. R.S. Kunwar, who has conducted the autopsy.