KOTWAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal challenges the judgment and order of conviction dated 11.02.2002, rendered by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 15 of 1996, State vs. Kotwal Singh and others. Appellants, viz. Kotwal Singh Rana is the father -in -law, Pratap Singh is the husband and Smt. Bhagwani Devi is the mother -in -law of deceased Rani Devi. The said trial pertains to crime No. 389 of 1995 pertaining to police station Srinagar, District Pauri Garhwal. The accused persons were tried for the offences under sections 498A, 304B, 120 -B and 201 of I.P.C. while an alternative charge of Section 302 IPC was levelled against them by the Trial Judge. The court below has found them guilty for the offences under sections 304 -B, 498 -A and 201 of I.P.C., but has sentenced them only u/s. 304B. The court below did not consider it necessary to pass any sentence under sections 498 -A and 201 I.P.C. separately, as it appropriately punished the appellants for the offence of section 304 -B of I.P.C. The facts, as emerging out from the F.I.R. (Ex.Ka -1), lodged by PW1 Trilok Singh (father of the deceased) on 06.11.1995 at 2.00 pm., are that deceased Rani Devi was married to Pratap Singh in a nearby village just before two months of her death. She was wedded on 3rd/4th of October, 1995. On 05.12.1995, two persons came to the village of informant Trilok Singh and apprised him that his daughter Rani Devi was having abdominal pain and she had been admitted to a local medical center, namely, Khanda Hospital, where the Glucose was being administered to her. Receiving this information, Trilok Singh along with his wife, left their house and reached to that hospital but did not find their daughter anywhere. Somehow, they could get information that their daughter had been placed downward on the road in a DANDI (a wooden -sitting carrier). They immediately rushed to that spot and saw their daughter in an abnormal stage, as her head was hanging back to the DANDI. Smt. Parvati Devi (deceased's mother), on observing her daughter keenly, became unconscious. Trilok Singh asked accused Kotwal Singh (father -in -law of deceased) not to make cremation of the dead body till the post mortem is conducted because he was apprehensive of this mysterious death. Looking to the dreaded face of his daughter, he found that the eyes of dead body were open while the throat/neck was of bluish appearance. The accused was told by the informant to carry deceased to the Srinagar hospital (upgraded hospital) but instead of following the advice of Trilok Singh, accused persons made the cremation of dead body. The report further discloses that ever since the solemnization of marriage, deceased made her family members apprised a number of times regarding the persistent demand of Rs. 30,000/ - on the part of accused persons. Within a short span of two months, she was subjected to tormented and cruel behavior with sarcastic and traumatic comments on the question of dowry. On 06.11.1995, she came to her parents' house to fetch a sewing machine which was given to them on 09.11.1995, but even though, the accused persons did not bring any change in their behavior and continued to torture the victim, inasmuch as, she was beaten by her mother -in -law. With these allegations, the first information report could be lodged, Chick report whereof is Ex.Ka -2. During investigation, the officer concerned took samples of soil from the room, adjacent to the kitchen of accused persons. The sample was of plain as well as of another soil, purported to be laced with deceased's vomiting. Its recovery memo is Ex.Ka -9. Both the samples were sent to the Forensic Laboratory for being tested. The report given by the said Laboratory is on record, according to which, on an apparent look, both soils were similar in their nature while on microscopic and chemical examination, one of the soil (purposed to be laced with vomit) was found having the contents of Organo -Chloro Insecticide poison. The investigation culminated into submission of chargesheet against the appellants. Accordingly, learned Sessions Judge levelled the charges.

(2.) PROSECUTION has examined several witnesses including the parents, uncle of deceased as well as formal witnesses nay the Investigating Officer.

(3.) LEARNED Senior counsel on behalf of appellant has argued that had this case been a dowry death one, with a least guilty conscious on the part of accused persons, then there was no reason for them to send two persons in the village of Trilok Singh to inform about the precarious condition of deceased. This contention cannot wipe out the presumption which the Evidence Act draws against the appellants. To draw the finding of guilt against the appellants, the presumption, as envisaged u/s 113 -B of the Evidence Act, has also been taken into consideration by the court below. Besides, nowhere it has been disclosed as to who were these two persons, allegedly sent for extending information to PW1 Trilok Singh.