BISHAN SINGH & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants are before the Court challenging the judgment and order of conviction dated 22.2.2003 rendered by Sessions Judge, Bageshwar in Sessions Trial NO. 27/2000. The said trial, State v. Bishan Singh & Another, pertains to Patti Farsali, District Bageshwar. Both the accused were convicted for the offence of Section 306 IPC and sentenced appropriately, though the charge was levelled for the offence of Section 498A and 120B IPC in addition to.

(2.) The backdrop of the death of Smt. Anandi Devi is that she was wedded with one army personnel, namely, Bheem Singh. He was employed in the distant border leaving his wife in the house of his native village. She resided alone just after her marriage with Bheem Singh. Thus, she was happy in her married life for five years as has been admitted by her own sister Smt. Malti Devi (PW5), who resided in the same village of the incident. Eventually the deceased Smt. Anandi Devi was conceived. So, her husband has the suspicion for the reason that how she was impregnated in his long absence in the village. At the time of incident, she was carrying a child of seven months in her womb. When Bheem Singh came to his native place and finding the things, as have been stated hereinabove, the suspicion about the character of the lady became stronger.

(3.) It is alleged that at the initiation of Bishan Singh (brother of Bheem Singh) and Rajendra Singh (brother of Bheem Singh on the basis of caste), Bheem Singh traumatised her by way of making her bare bodied and touching her such body by a herbal grass (which is known as Bicchu Ghas and is infamous to cause teasing and torture by way of touching the body of a person in the hills. Entire bare body is suffered with gruesome pain). So, being traumatized in such manner, she committed suicide within four corners of her house where she was living with her husband.