DAULAT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Since both the appeals are arising out of the same judgment and order dated 19-3-1990 passed by Shri S. K. Misra, the then Sessions Judge, Pauri Garhwal in S.T. No. 35/1987, State v. Daulat Singh, convicting the accused-appellant u/S. 302/201, IPC and sentencing for life imprisonment, as such, they are being decided by the common judgment. Criminal Appeal No. 1289 of 2001 has been preferred by the accused-appellant, Daulat Singh by engaging his counsel whereas Jail Appeal No. 2063 of 2001 has been preferred by the same accused-appellant from Jail.

(2.) The facts, in a nutshell, are that the marriage of Lajjawati Devi-deceased was solemnized with the accused-appellant, Daulat Singh. After six months of the marriage, they started living separately from the father of the accused-appellant. Whenever the deceased-Lajjawati Devi used to come to her parental house she used to demand money from her parents for giving it to her husband. Her parents gave money several times to the deceased to pay to her husband. It is also alleged that the deceased had not given birth to any child, therefore, she was being treated cruelly in her matrimonial house. It is further alleged that before the death of the deceased, she came to her parental house and asked her parents to give her Rs. 5,000/ as her husband demanding the same and if she would not take the said money, her husband, the accused-appellant would kill her. The father of the deceased told her that he will arrange the money within a day or two and asked her to stay at his house till the arrangement of money is made. But the deceased did not accede to the request of her father and she went away to her matrimonial house. It was further alleged that a report was lodged by the accused-appellant himself to the patti patwari on 11-10-1986 alleging therein that his wife. Lajjawati Devi had committed suicide by getting herself hanged from a rope. After receiving the report, the panchayatnama was prepared and the dead body of the deceased was sent for the post mortem. Meanwhile, a report was lodged on 16-10-1986 by Rajendra Singh, father of the deceased with the patti patwari alleging therein that his daughter-Lajjawati Devi had not given birth to any child so the accused-appellant used to treat her cruelly. It was further alleged that the accused-appellant used to demand dowry and had also committed murder of the deceased in the night of 10-10-1986. A case was registered against the accused appellant. The post-mortem of the deceased was conducted on 13-10-1986 at District Hospital, Pauri by Dr. Rajeev Hatwal and he found the following ante-mortem injuries on the person of the deceased :-

(3.) After completing the investigation, the I.O. had submitted the charge sheet (Ext. Ka-12) against the appellant.