BHUPENDRA RAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, preferred under Section 374 read with Section 383 of Code of Criminal Procedure, 1973 (herein after for brevity Cr.P.C.), is directed against judgment and order dated 27/9/2000, passed in Sessions Trial No. 61 of 1997, by learned Sessions Judge, Pithoragarh, whereby appellant Bhupendra Ram has been convicted under Section 302 and under Section 201 of Indian Penal Code, 1860 (herein after for brevity I.P.C) and sentenced to undergo life imprisonment and two years rigorous imprisonment, respectively.

(2.) In brief, prosecution story is that Smt. Dropadi Devi (deceased), sister of the complainant Sunder Ram (P.W. 1), was married to appellant Bhupendra Ram of village Dauntha in the year 1991. She was living in her husbands house with her in-laws. During the six years of her matrimonial life, it is alleged by the complainant that she (deceased) used to be harassed for nonfulfillment of dowry by her husband and mother-in-law. On 2.6.1997, complainant Sunder Ram accompanied his sister Smt. Dropadi Devi, from house of her parents to the house of her in-laws and when she reached there, her mother-in-law, Saruli Devi (accused acquitted by the trial court), in the presence of the complainant, told the deceased, either she will live or Dropadi alone. After about a month on 1/7/1997, at about 3:00 A.M., Lachhi Ram (P.W. 3) and Jagdeesh Prasad both relatives from the side of husband of deceased, came to complainant and told that a day before at about 8:00 P.M., his sister has hanged herself. On the very day, i.e on 1/7/1997, complainant rushed to the place of in-laws of his sister and saw the body of Dropadi Devi (deceased), lying on the floor. The complainant suspected that husband and mother-in-law of the deceased had committed murder of his sister (present appellant is husband of the deceased). Complainant Sunder Ram, lodged First Information Report (Exh. A-I) on 1/7/1997 itself with Naib Tehsildar, Didihat. Simultaneously, Lachham Ram (P.W. 3) made a report (Exh. A-2) on 1/7/1997 with Patti Patwari, Sandev that Dropadi Devi, W/o Bhupendra Ram, R/o village Dauntha has committed suicide by hanging herself on 30.06.1997. [In Uttaranchal hills, Patwaris /certain Revenue Officers are empowered with police powers]. Patwari, Sandev, prepared check report (Exh. A-9) on the basis of the F.I.R, lodged by Sunder Ram (brother of the deceased) and registered a crime No. 1 of 1997 against Bupendra Ram (appellant) and Saruli Devi, mother-in-law of the deceased, under Section 304-B and 498-A of I.P.C. Patwari Diwan Singh (P.W. 4) of Patti Sandev, along with Patwari Shri Ram Prasad (P.W. 6) Patwari Dunakot, proceeded to village Dauntha, they prepared inquest report (Exh. A-3) on the very day i.e. on 01.07.1997 and sealed the dead body of Dropadi Devi. They also prepared necessary papers namely, diagram of the dead body (Exh. A-5) and police form No. 13 (Exh. A-7). When Patti Patwari, visited village Dauntha on 0 1.07.1997, he also prepared a site plan (Exh. A-b).

(3.) On 02.07.1997 at about 10:30 A.M. Dr. H.S. Kharayat (P.W. 5), conducted autopsy in District Hospital, Pithoragarh. He, in post-mortem examination report (Exh. A-il), observed that dead body of Dropadi Devi was brought to him by Pushkar Singh (peon to Patti Patwari Sandev. He further observed that the deceased was aged 22 years. Her whole body was swollen. Blisters present all over the body with pealing of skin. Foul smell present. Scalp hair loosen. Eye-ball shoften and bulged out. Breast swollen. Mouth open. The Medical Officer observed following ante- mortem injuries on the person of the deceased: