JAMUNA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred against the judgment and order dated 25.10.2010, passed by Sessions Judge, Uttarkashi in Session Trial No. 23 of 2006, whereby appellant was held guilty for the offences punishable under Sections 364, 302 read with 120 -B and 201 I.P.C. and she was awarded ten years R.I. and fine of Rs. 2,000/ - and in default of payment of fine, to undergo additional imprisonment of four months under Section 364 I.P.C.; awarded life imprisonment and fine of Rs. 5,000/ - and in default of payment of fine, to undergo additional imprisonment of six months under Section 302 read with 120B I.P.C.; awarded three years R.I. and fine of Rs. 2,000/ - and in default of payment of fine to undergo additional imprisonment of four months under Section 201 I.P.C.

(2.) BRIEF facts of the present case, inter alia, are that Dharan Dass PW -1 has handed over one written report to Patwari Halka Ramoli, Dashgi, District Uttarkashi on 11.06.2006 stating therein that his brother Supal Dass was married to Jamuna Devi; Jamuna Devi was residing at her parental house for last more than one month; on 01.06.2006, co -accused Bhagyan Dass has taken his brother Supal Dass (deceased) to his in -laws' house; Bhagyan Dass co -accused was having illicit relation with Smt. Jamuna Devi (appellant herein); on 10.06.2006, at about 9:00 p.m. in the evening, Jamuna Devi, appellant came to her matrimonial house along with her two brothers and one another man and started taking her belongings; on this, PW1 Dharan Dass asked about the whereabouts of Supal Dass (deceased); on this, appellant Jamuna Devi disclosed that Supal Dass has expired; PW1 Dharan Dass has every suspicion that Jumuna Devi, appellant with the collusion/conspiracy with Bhagyan Dass, co -accused might have killed Supal Dass. Appellant as well as Bhagyan Dass were arrested.

(3.) THEY disclosed to the Investigating Officer that dead body of Supal Dass (deceased) was buried beneath the stones in Himachal Pradesh. On their pointing out, dead body of Supal Dass (deceased) was recovered on 19.06.2006; Dead body was sent for post mortem to the Indira Gandhi Medical College, Shimla, whereupon post mortem was conducted on 20.06.2006; as per the report, stall was found around the neck of the deceased; both his legs were also found tied; however, it was opined that due to absence of any injury on the skeleton or body structure, it is not possible for the Doctor to opine about the cause of death; however, due to presence of stall around the neck and tying of both the legs, possibility of death due to strangulation cannot be ruled out.