BRAHM SINGH PATWAL Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred u/s. 374 (2) of Code of Criminal procedure, 1973 (hereinafter to be referred as Cr. P. C.), is directed against the judgment and order dated 27-5-1988 passed by Sessions, Judge, Pauri Garhwal in Session Trial no. 20 of 1987, whereby the learned Sessions Judge has convicted the appellant under Sections 304-B and 201 of Indian penal Code, 1860 (hereinafter to be referred as IPC) and sentenced him for ten years R. I. u/s. 304-B of IPC and for two years R. I. u/ s. 201 of IPC. Both the sentences were drected to run concurrently.

(2.) IN brief, the prosecution case is that complainant Captain B. S. Bishi lodged a FIR on 22-2-1987 in the P. S. Srinagar with the allegations that his sister Smt. Kamla Devi aged about 20 years was married with the appellant Brahm Singh Patwal on 10-10-1986. It was also stated that appellant has committed murder of his sister on 12-2-1987 in his house. On 13-2-1987 in the night about 11. 00 p. m. , appellant had gone to the house of his uncle Jeet Singh Bisht and has taken his signatures on one paper. It was also stated that appellant was harassing and torturing his sister for the demand of dowry from last two months. For that, he got the information from his house. After receiving this information, he had written a letter that when he will got the leave, he will come to the house and will take some articles with him but in the meantime on 18-2-1987, he received a telegram from his house in which it was stated that Kamla Devi had died. On this information on 21 -2-1987, he had come to his house and after inquiring the matter and making necessary investigation, he had come to Srinagar Police Station. Then the station Officer has stated that he had got no information about the said incident. After the inquiry, he came to the definite conclusion that the appellant had committed cruel murder of his sister and after that in order to destroy the evidence, he had burned the body of his sister. With the same allegations, he had lodged the FIR i. e. Ex. Ka-1 on 22-2-1987 in P. S. Srinagar. The Chik Report on the basis of same FIR was prepared i. e. Ex. Ka-5. The entry was made in the G. D. i. e. Paper No. 35-Ka. The investigation of the case was entrusted to Sub-Inspector R. R. Singh and later on the investigation was transferred to Deputy S. P. G. S. Martolia. During the course of investigation, he has recorded the statements of the witnesses and letter dated 28-12-1986 was taken into possession by the I. O. on 23-2-1987 and for that a Fard was prepared i. e. Paper No. 31 -Ka and the said letter is Ex. Ka-2. He has also prepared a map of the place of occurrence i. e. Ex. Ka-7. After completing the investigation, the I. O. has submitted the charge sheet against the appellant and one hukum Singh u/ss. 302. 201 and 304-B, ipc in the Court of CJM, Pauri Garhwal.

(3.) LEARNED CJM, Pauri Garhwal has committed the case to the Court of Session on 7-7-1987 under S. 209, Cr. P. C. after complying with the provisions of S. 207, Cr. P. C. On 4-12-1987, the learned Sessions Judge, pauri Garhwal framed the charge against the appellant u/s. 304-B of IPC. The charge was read over and explained to the appellant who pleaded not guilty and claimed to be tried. On the same day i. e. 4-12-1987, charge against appellant and Hukum Singh was framed u / Ss. 302 / 34, IPC and 201, IPC. They also pleaded not guilty and claimed to be tried.