BALAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 wrote a complaint (Ext. Ka-1), which was addressed to Naib Tehsildar, Tehsil Dunda, Uttarkashi, enumerating the facts contained therein that daughter of uncle of the informant was married to Balam Singh (appellant herein). She was ousted from her matrimonial home by her husband. The victim came to her matrimonial home. On 18.03.1999, when the informant came back from the forest, he came to know that Balam Singh came along with five people, at 12:00 noon, and obtained signatures of the victim on two papers. The victim, thereafter, consumed poison. Balam Singh and his companions fled away. The victim breathed her last in the following night.

(2.) After the investigation of the case, a chargesheet was submitted against the accused-appellant for the offences punishable under Sections 306 and 498-A of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened its case, charges for the offences punishable under Sections 306 and 498-A of IPC were framed against the accused-appellant, to which he pleaded not guilty and claimed trial. PW 1 Ummed Singh (informant), PW 2 Smt. Jagdei, PW 3 Atol Singh, PW 4 Dr. D.L.Sah, PW 5 Vachan Singh and PW 6 Deep Chandra Shah (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused-appellant in the statement under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case.

(3.) After considering the evidence on record, trial court convicted the appellant for the offences punishable under Sections 306 and 498-A of IPC. He was directed to undergo rigorous imprisonment for four years along with fine of Rs. 4000/- The appellant was sentenced under Section 498-A of IPC to undergo rigorous imprisonment for two years along with fine of Rs. 2000/- vide judgment and order dated 12.09.2003. Aggrieved against his conviction and sentence, present Criminal Appeal was filed by the appellant.