KALYAN CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this judgment, the pregnability of the judgment and order dated 29.4.2011 rendered by the Sessions Judge, Pithoragarh has been called in question. The said judgment has been delivered by the learned Judge in Sessions Trial No. 26/2010, State v. Kalyan Chand, wherein the accused appellant was found guilty for the offence of Section 302 IPC. Learned Judge has sentenced him appropriately for the same. The said trial pertained to Tehsil Patti Barmo, Tehsil Didihat, District Pithoragarh.

(2.) IT is a case where a daughter -in -law has met her death not at the hands of her husband, but at the cruel hands of her own father -in -law, running in the late sixties. The FIR Ex. Ka -1 was lodged by Smt. Manju Devi (mother of deceased). It was stated in the said report that Smt. Geeta Devi was wedded about six years prior to the incident with Narendra Chand, son of the accused appellant Kalyan Chand in village Chanoli, District Pithoragarh. Out of the wedlock, two offsprings born. On 7.6.2010, Smt. Geeta Devi met her death at the hands of her father -in -law Kalyan Chand, who was torturing her from a long time. It was revealed further in the said FIR that the incident was witnessed by the elder daughter -in -law of the appellant, namely, Smt. Sunita Devi, who was with the victim at the relevant time. Smt. Manju Devi craved for the legal action against the culprit. The chick report Ex. Ka -3 could be reduced into writing on 8.6.2010 at 2 AM against Kalyan Chand.

(3.) THE inquest was prepared on 8.6.2010 at about 10 AM in village Chanoli itself. The witnesses opined that the victim has lost her life on account of the injury on her head nay the marks of abrasion on her throat giving rise an impression that she was strangulated thereafter. Nonetheless, they advised for the post -mortem. This inquest report is Ex. Ka -7.