DARVAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 31.01.2011, rendered by learned Sessions Judge, Pithoragarh in Sessions Trial No.05 of 2010, whereby the accused namely Ram Singh and Janki Devi, who were charged with and tried for the offences under Section 302, 201 and 120-B of IPC, were acquitted. The accused Darvan Singh was convicted and sentenced to undergo life imprisonment under Section 302 of IPC and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo simple imprisonment for two years. The accused namely Darvan Singh, who was also charged with and tried for the offences under Section 120-B and 201 of IPC, was acquitted.

(2.) The case of the prosecution, in a nutshell, is that Ram Singh, S/o Ganga Singh lodged a report with Nayab Tehsildar Gangolihat on 01.11.2009. According to the averments contained in the report, his daughter Hema Devi was married to Darvan Singh, S/o Ram Singh. On 17.10.2009, his daughter was beaten by her husband and she was ousted from the house. Hema Devi lodged a report on 23.10.2009 with the District Magistrate, Pithoragarh. Janki Devi (mother-in-law) of Hema Devi came to his house to take his daughter back, but his daughter was scared. She did not go with her mother-in-law. On 27.10.2009, Janki Devi again came to village Bungli with criminal intention and took his daughter after winning her confidence. His daughter was killed by her mother-in-law Janki Devi, husband Darvan Singh and father-in-law Ram Singh.

(3.) It is further averred in the FIR that earlier, on 07.01.2000, his daughter had lodged a report against her father-in-law and mother-in-law. However, a compromise took place between them.