KUNDAN SINGH Vs. STATE OF UTTARANCHAL (NOW UTTARAKHAND)

JUDGEMENT

(1.) Appellant Kudan Singh has challenged the legal admissibility of the judgment and order dated 27.6.2003 rendered by learned Additional Sessions Judge, Almora in S.T. No.48 of 1999. The trial resulted into finding the appellant guilty for the offences of section 498-A, 304-B and 201 IPC, wherefor he has appropriately been sentenced.

(2.) Having heard the learned counsel for the appellant as well as the State counsel, it transpires that deceased Ms. Champa Devi died in her matrimonial house and as per the prosecution, seven years had not been completed from the date of her marriage with the appellant. It is pertinent to mention that no date of marriage has been disclosed either in the first information report lodged by the brother of deceased nor in the statements of PW1 and PW2, who are father and mother of deceased respectively. The brother of deceased, who lodged the report on 8.7.1997 at 3 PM, admittedly died before he could be examined in the trial court. PW1 (father of deceased) has deposed before the Court that six years have elapsed from the date of marriage of his daughter whereas PW2 (deceased s mother) states this period to be of three years. So, this is something which indicates that even the mother and father of deceased were not aware about the tentative date of marriage of deceased with the appellant. The period of six years, as stated by PW1 and three years, as stated by PW2, is quite contradictory to each other. Moreover, the appellant, in reply to a question u/s 313 Cr.P.C., has deposed that he was married to the deceased seven years ago. So, there is a glaring contradiction as regards the date of marriage of victim with the appellant.

(3.) Victim was the mother of two children and as per DW1, a registered medical practitioner, carrying on practice at a fair distance from the place of occurrence, the victim used to suffer with stomach and gastric disorders very frequently and he used to treat her. On the date of incident also, he was called in the village but by the time, he could reach, the deceased had breathed her last.