RAJENDRA BHATT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW1 Parwati Devi wrote a complaint (Ext. Ka-1) to Station Officer, police station, Banbasa, District Champawat on 15.03.2001, enumerating the facts contained therein that on 14.03.2001, at 09:00 P.M., her brother-in-law Rajendra Bhatt set her house on fire, as a consequence of which, household articles were burnt. Since Rajendra Bhatt s wife has died and he wanted to marry with the informant Parwati Devi forcibly, therefore, he set her house ablaze in order to kill her. It was also alleged in the complaint that Rajendra Bhatt harassed her on almost each and every day. Informant s life was saved with the intervention of her neighbours.

(2.) The incident allegedly took place on 14.03.2001, at 09:00 P.M., and the FIR was lodged on 15.03.2001, at 08:30 A.M., in police station, Banbasa. Accused was named in the FIR. The distance between the place of incident and the police station concerned was 4 kms. and hence there appeared to be no delay in lodging the FIR, which was registered under Sections 436 and 506 of IPC.

(3.) After the investigation, a charge-sheet under Sections 436, 506 of IPC was submitted against accused Rajendra Bhatt. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offence punishable under Section 436 of IPC was framed against the accused on 18.01.2002, by learned Sessions Judge, Champawat. Accused pleaded not guilty to the charge framed against him and claimed trial.