BHAGWAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANTS Deepak Singh and Bhagwan Singh, who are real brothers, were arrested on 6 -2 -2002 in FI.R case crime No. 24/2002 under Sections 344/307 I.P.C. of P.S. Rudraprayag, District Rudraprayag, registered on 3 -2 -2002. On being charge sheeted under Sections 344/302 I.P.C., after investigation, they were committed to court of Sessions and faced trial under sessions trial No. 12/2002. They were acquitted of the charge under Section 344 I.P.C., but were held guilty, convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C. for committing the murder of Smt. Budhi Devi, the wife of one of the appellant Deepak Singh, per judgment and order dated 17 -6 -2002, passed by the then District and Sessions Judge, Rudraprayag.

(2.) SML . Budhi Devi was married to appellant Deepak Singh about five years before the incident. This appellant used to stay in Delhi for and in connection with his employment. His wife Smt. Budhi Devi however used to reside in her marital home in village Mathaya Gaon Bhardar, P.S. Rudraprayag, where the other three brothers of her husband including the appellant Bhagwan Singh were also residing with their family members.

(3.) ACCORDING to the prosecution, about twenty days before 30 -1 -2002, Smt. Budhi Devi gave birth to a child. Her husband appellant Deepak Singh has however been in Delhi for the last more than one year and the child born was known to be illegitimate. Appellant Bhagwan Singh, the brother -in -law of the said lady appear to have established illicit relations with her and it resulted in the lady getting pregnant and gave birth to a child. Smt. Budhi Devi made it public that the child born was the result of the illicit relations maintained with her by appellant Bhagwan Singh, resulting which both the appellants and other relations got displeased and started entertaining grudge against her. The appellants to give vent to their wrath even started beating Smt. Budhi Devi and few days after the delivery of the child poured kerosene oil on her person and set her ablaze. She sustained burn injuries and despite this she continued to be detained inside the house and was not shifted to give her medical treatment with a view that she may ultimately succumb to her burn injuries.