HEERA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Appellant Heera Singh has been convicted and sentenced to undergo imprisonment for life under Section 304-B, I.P.C. for having committed the dowry death of his wife Smt. Maya Devi in the night between 7/8-3-2002, per judgment and order dated 14/16-8-2003, in Sessions Trial No. 261/2002.

(2.) According to the prosecution, victim Smt. Maya Devi was married to appellant Heera Singh on 16-4-2001, where after they started residing together in village Thapliya Ganja, within the Patwari Circle Sayat of District Nainital. Appellant's father Govind Singh and mother Smt. Munni Devi were also residing in the same house. On 9-3-2002 at about 4.35 p.m. written information, Ext.-1 about the unnatural death of Smt. Maya Devi was given to Circle Patwari, Tej Singh Negi (P.W. 5) by Govind Singh Negi, the father of the appellant. It contained the information that yesterday morning of 8-3-2002 the appellant's mother went inside the room where the appellant and his wife were sleeping. Appellant's mother Smt. Munni Devi asked them to wake-up. The appellant responded to the call but appellant's wife gave no response, as she was found to be dead and lying as such on the bed. He occupants claimed that they knew nothing about the cause of death and with this assertion the said report was given to the Circle Patwari next day on 9-3-2002.

(3.) On the basis of this information Circle Patwari went to the village of the incident and held inquest on the dead body of Smt. Maya Devi in the morning of 10-3-2002 and prepared the inquest report. Ext. Ka. 3. The packed and sealed dead body of the deceased was then dispatched for post-mortem along with relevant documents. The post-mortem was conducted the same day, that is, 10-3-2002 at 3.00 p.m. by Dr. S.P. Singh assisted by Dr. D. N. Pauryal (P.W. 4) and postmortem report, Ext. Ka. 2 was prepared.