BHAGWATI PRASAD Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 28. 01. 1992, passed by the then learned Sessions Judge, tehri Garhwal, in Sessions trial No. 02 of 1991, whereby accused/appellants namely bhagwati Prasad, Deveshwar Prasad, sampati Devi and Shiv Prasad have been convicted under Sections 498-A and 304-B of the Indian Penal Code, 1860 (hereinafter referred as I. P. C. ). Each one of the convicts has been sentenced to undergo imprisonment for life under Section 304-B of I. P. C. and rigorous imprisonment for a period of two years under Section 498-A of i. P. C.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PROSECUTION story, in brief, is that Smt. Jasoda (deceased), daughter of Pitambar datt (P. W. 1) was married to accused / appellant Bhagwati Prasad. Accused/ appellant Deveshwar Prasad is father-in-law, and accused/ appellant Sampati Devi is mother-in-law of the deceased. Accused/ appellant Shiv Prasad is brother-in-law of the deceased. Prosecution case is that the deceased was ill-treated for non-fulfillment of demand of dowry before her death. About five months before the incident. Pitambar datt (P. W. 1) father of the deceased, along with Govind Ram (P. W. 4) and Jasoda Devi went to the house of Bhagwati Prasad and asked him to keep his wife (Jasoda) with him and there should be no complaint of harassment against her. On 23. 08. 1990, there was a marriage of elder brother of the deceased in her parents house and jagdamba Prasad (P. W. 5), younger brother of the deceased, went on 21. 08. 1990 to invite his sister Jasoda and her husband to participate in the marriage. However, bhagwati Prasad refused to attend the marriage and he did not allow Jasoda to go and attend the marriage. It is also alleged by the complainant (Pitambar Datt) that bhagwati Prasad, his parents and brother demanded Rs. 2,000/- for completing construction of their house, which could not be paid by the parents of the deceased. On 23. 08. 1990, at about 04:00 P. M. . Rajendra singh (P. W. 3) received information that jasoda Devi has died by hanging in her in-laws place. When Pitambar Datt received this information he proceeded to the village of Bhagwati Prasad. But, since he could not reach by 04:00 P. M. on 23. 08. 1990, pareshwar Prasad Joshi (P. W. 8) Patwari, to whom Bhagwati Prasad (husband of the deceased) informed about the death of his wife, took the dead body in his possession and prepared the inquest report and other necessary papers. He also prepared site plan. On 24. 08. 1990, Pitambar Datt (P. W. 1)lodged the first information report (Ext. A-1), on the basis of which Patwari prepared the check report (Ext. A -3) and made entry in the general diary, extract of which is Ext. A - 11. The investigation, on application of pitambar Datt was transferred by the Naib tehsildar by his order (Ext. A-4) to Chandi prasad Semwal (P. W. 6 ). (In the interior hills (of Uttarakhand), certain Revenue Officials are given police powers, under U. P. Government Notification No. 494 / VI11 -418 - 16 dated 7th March 1916 ). On 24. 08. 1990, at about 04:00 P. M. , post-mortem examination was conducted by Dr. R. K. Pant (P. W. 7), who found a ligature mark on the dead body. After post-mortem examination, the Medical Officer opined that jasoda has died of Asphyxia, due to hanging. Chandi Prasad Semwal (P. W. 6) after interrogating the witnesses and collecting the evidence submitted charge sheet (Ext. A-6) against all the four accused /appellants.