LACHHMAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Criminal Procedure Code), is directed against the judgment and order dated 22.06.2000, passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 40 of 1996, whereby accused /appellant Lachhman Singh is convicted under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to undergo imprisonment for life. However, he is acquitted of the charge of offence punishable under Sec. 304B of I.P.C., by said Court.

(2.) Heard Mr. S.P.S. Panwar, Amicus Curiae appearing on behalf of the appellant and Mr. T.A. Khan, Brief Holder for the State, and perused the entire evidence on record.

(3.) Prosecution story, in brief, is that, Smt. Kamla Devi (deceased) was daughter of complainant Smt. Devki Devi (P.W. 2). She (Kamla Devi) was married to accused/ appellant Lachhman Singh some 7 - 8 years before her death on 20.5.1996. In the family of the deceased they were only two in the house i.e. deceased and her husband. A report (Ext. A -3) was lodged by accused /appellant on 21.5.1996 to Naib Tehsildar, Champawat, that his wife has committed suicide at 4:00 p.m., on 20.5.1996, by hanging herself inside the house. (In Uttarakhand hills, in certain areas, Revenue Officers are given police powers). The Naib Tehsildar proceeded on 22.5.1996, to the place of occurrence and found the body of deceased hanging by neck in her house, with one end of the rope tied on a wooden log, used as beam. He took the dead body in his possession and prepared the inquest report (Ext. A-4), sketch of the dead body (Ext. A -5); police form No. 13 (Ext. A -6); site plan (Ext. A -7) and letter to the Chief Medical Officer, requesting him for post-mortem examination of the dead body. The dead body was sent in sealed condition for postmortem examination. On 22.5.1996, at about 4:00 p.m., Dr. U.S. Adhikari (P.W. 1) conducted autopsy on the dead body of Kamla Devi along with Dr. T.K. Tamta, and prepared post-mortem examination report (Ext. A-1). In the autopsy it was found that there was no external injury on the person of the deceased except one contusion on her head. It was found in the post-mortem examination that there was depressed fracture on the right side of frontal bone inside the head, and as a result of which, membranes were congested. No ligature mark was found on the neck by the doctors conducting the post-mortem examination. On 4.6.1996, P.W. 2 Devki Devi (mother of the deceased) lodged an oral report with the Naib Tehsildar making allegation against her son- in-law (appellant) that he committed murder of his wife Kamla Devi. She further alleged that appellant used to give beating to his wife, and after commission of murder, he lodged false report that his wife died by committing suicide by hanging. On the basis of said oral report, a check first information report (Ext. A-2) was prepared, by the Naib Tehsildar. After the crime is registered, the investigation was entrusted to the Patwari of Patwari circle Rausal. He interrogated the witnesses, and on completion of investigation, submitted charge sheet (Ext. A-8) against accused/ appellant Lachhman Singh, for his trial in respect of the offences allegedly committed by him punishable under Sections 304B/306 of I.P.C.