LAWS(UTN)-2014-4-55

BHAJAN SINGH Vs. STATE OF UTTARAKHAND

Decided On April 01, 2014
BHAJAN SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) DECEASED Rekha, daughter of PW3, was wedded sometime in June, 1998 with Vinod Singh, son of the accused Bhajan Singh. Vinod Singh was an army personnel. PW3 was a widower. He himself accepts that Bhajan Singh and his family enjoy relatively sound monetary position than him. Vinod Singh, husband of the deceased, by virtue of his service constraints could not keep his wife Smt. Rekha with him at the places of his postings. So, Smt. Rekha used to reside in her in -laws house either with Bhajan Singh or at most of the times in a hired room at Srinagar. It is pertinent to mention that Srinagar is the most developed plain terrain town in the midst of the Garhwal Himalayas. She used to reside as a tenant in the house of DW2 Munshi Ram Joshi. This has been proved by DW2.

(2.) IT has been in the evidence of almost all the witnesses except father of the deceased that she was not of a sound mental status and most of the times, she remained under treatment.

(3.) ON the fateful day of 27.9.2002, when she was in her in -laws house, she left to collect the grass from jungle along with DW1 Smt. Deepa, a near relative of the deceased from her native village, in addition to other ladies of village Jaggi Kandai. While collecting the grass, they separated their company from each other and later on 28.9.2002, her dead body was found hanging on the branch of Banjh tree in the jungle. When she did not return from the jungle after collecting the grass on 27.9.2002, the accused (father -in -law of the deceased) informed to the concerned Patwari in the very morning of the next day i.e. 28.9.2002 at 7.30 AM and he also sent Pradeep Singh and Sohan Singh to inform to the father of the deceased immediately after her dead body was recovered in the jungle. Having received the information, Jeet Singh Negi (PW3) moved an application to the District Magistrate, Rudraprayag making the allegations of demand of dowry by the appellant, his wife Smt. Sushila Devi as well as by another villager Uma Prasad Purohit.