MOHAN INGH PANWAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated 7-11-1986, passed by Sri D. L. Soni, Sessions Judge, Pauri Garhwal in Sessions Trial No. 40 of 1985, thereby convicting the accused appellant under Sections 306 and 498-A, IPC and sentencing him to undergo rigorous imprisonment for five years under Section 306, IPC and two years rigorous imprisonment for the offence under Section 498-A, IPC. Both the sentences were directed to run concurrently.

(2.) According to the prosecution case Smt. Veena daughter of Amar Singh Pundir was married to the accused appellant Mohan Singh on 29-5-1985 according to the Hindu religious rites. Both husband and wife were living in rented house in Srinagar Town. Accused was employed in Telegraph Department. On 30-8-1985 Pratap Singh son of Vikaram Singh submitted a written report Ex. Ka-1 to the S.O. Police Station Srinagar Garhwal. In this report it has been mentioned that Mohan Singh has taken his wife to hospital as she was unconscious and blue discharge was oozing out from her mouth. On the basis of written report Ex. Ka-1 chick report Ex. Ka-2 was prepared by the Police and a case under Section 306, IPC was registered in the G.D. Thereafter, accused Mohan Singh also submitted a written report Ex. Ka-3 in the Police Station, in which he stated that he was married about three months ago. Both husband and wife were residing in a rented house at Ganesh Bazar. There were strained relations between the parties. When accused Mohan Singh was in his office, his wife had consumed poison. When the accused came to his house he saw her unconscious and immediately to took her to hospital, where she died.

(3.) The Police made investigation of the case. The Investigating Officer visited the house of the accused and prepared site plan Ex. Ka-4. The Investigating Officer took in his possession the bed sheets, pillow cloth with stain-marks and a plastic bottle marked Demoncran, containing some liquid with foul smell, a 100 gm. packet of Glucose and utensils were also taken into custody. Postmortem examination of the dead body was conducted by Dr. M. S. Rawat on 31-8-1985 at 11 a.m. According to the post-mortem report cause of death could not be ascertained however, viscera was preserved for chemical analysis.