STATE OF UTTARAKHAND Vs. VIJAY LAL AND ORS.

JUDGEMENT

(1.) The State has assailed the judgment and order dated 19.08.2010 rendered by learned Sessions Judge, Rudraprayag while adjudicating the Sessions Trial No.16 of 2008. For the sake of convenience, accused Vijay Lal is referred as 'A1', Raju Lal 'A2', Makan Lal 'A3', Indru Lal 'A4', Shyam Lal 'A5', Tulsi Ram 'A6', Mohan Lal 'A7', Ghina Lal 'A8' and Charan Singh as 'A9'. A1, A2 and A3 are the real brothers, against whom the Charge was levelled by the Trial Court for the offences of Section 498-A, 304-B and 201 IPC, whereas the remaining accused persons faced the charge only for the offence of Section 201 IPC. The crime bore the number 550 of 2007 at Police Station & District Rudraprayag. All the accused persons were acquitted from the charges levelled against them.

(2.) Investigation commenced on lodging the first information report (Ex.Ka-1) by Suresh Chandra (PW1), the real brother of deceased, with the facts that his younger sister Ms. Ujla was wedded to A1 in the month of May, 2007 as per accepted rituals and at the instance of in-laws of his sister, Masantu Lal (father of deceased) had helped in construction of house for his daughter at her in-laws village. In July, 2007, soon after the marriage, Ms. Ujla fell ill and the expenses of her treatment were incurred by her father. Informant and A1 carried the victim to Delhi for the treatment. The complainant returned after 8-10 days, whereas Ms. Ujla returned to her inlaws house on 10.12.2007. Moreover, the members of in-laws family performed some 'Puja' in their house, where the parents of the victim were not invited. In the evening of 21.12.2007, Laxman (nephew of deceased) came to the informant's house with the message that the victim was seriously ailing. Having got this information, Smt. Sauni Devi and Mamraj (mother and brother of deceased respectively) went to the in-laws house and found that Ms. Ujla had passed away. On the next day i.e. 22.12.2007, the informant along with some other people of village went to the in-laws village and enquired the cause of such death but could not find any satisfactory reply. So, on 23.12.2007, this first information report was given to Police Station, Rudraprayag with the allegations that Ms. Ujla had been killed by A1, A2 and A3 on account of some controversy regarding the payment of money towards the house construction. The deceased was cremated by her in-laws with the assistance of villagers without even obtaining the consent of members of her native family. This report could be lodged at 1 PM only against A1, A2 and A3, for the offences of section 304-B and 201 IPC, the Chick Report whereof is Ex.Ka-3.

(3.) Having received this report, the police swung into action and at the instance of A1, A2 and A3, the portion of burnt dead body of deceased was recovered at the bank of nearby river which was exhumated from the pit. Such considerably burnt body had been left for only 21/2 feet and no organ thereof was found complete. At that time, the members of the native family as well as other villagers were present on the spot along with the Sub Divisional Magistrate of the area.