(1.) Accused Nlrmal Singh preferred this appeal from his conviction and sentence to imprisonment for life under Section 302 I. P. C. for having committed the murder of his wife Smt. Palwinder Kaur in his house in village Kachnalgazi of P. S. Kashipur, the then District Nainital at about 10 A. M. on 26-6-1979 per judgment dated 28-3-1981 passed by then I Additional Sessions Judge, Nainital in the sessions trial No. 210 of 1979.
(2.) Jeet Singh, Smt. Surendra Kaur and Km. Sukhbider Kaur, the father, mother and sister respectively of accused Nirmal Singh were however acquitted of the charge under Section 302/34 I. P. C. and aggrieved by their acquittal complainant Jagir Singh, the father of the deceased, preferred criminal revision.
(3.) Briefly stated the facts of the case are as follows: Accused Nirmal Singh was married to Smt. Palwinder Kaur deceased about two years before the occurrence which took place on 26-6-1979. Accused and his parents and sister proved to be very greedy and wanted the parents of the deceased lady to give money in lieu of dowry. Smt. Palwinder Kaur was used to be taunted for not fulfilling the demand of money raised by the accused and his family members although after marriage Jagir Singh the father of Smt. Palwinder Kaur on several occasions met the demands of money of his son-in-law the accused and his family members. About 20 days before the occurrence a panchayat was organized as Jagir Singh wanted to take his daughter with him. Dalip Singh, maternal grand father of accused Nirmal Singh however intervened and it was settled that Jagir Singh would pay a sum of Rs. 5.000/- to his son- in-law the acused and thereafter the in-laws of Smt. Palwinder Kaur would never tease her and press for more money in lieu of dowry. Jagir Singh paid a sum of Rs. 5.000/- to the in-laws of his daughter about 15 days before the occurrence.