SMT. SHAKAMBARI DEVI Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant 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 05.10.1990 passed by Sessions Judge, Tehri Garhwal in Session Trial No. 10 of 1989, State v. Shakam bari Devi, whereby the learned Sessions Judge has convicted the appellant under Section 498 -A/306 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced her for six months RJ. under Section 498 -A of IPC and three years R.I. under Section 306 of IPC. It was also directed that both the sentences shall run concurrently. In brief, the prosecution case is that Smt. Laxmi Devi, the daughter of the complainant Maheshanand Pokhariyal, was married with Rajendra Prasad, son of the present appellant Shakambari Devi, in the night of 17/18.11.1986. It was alleged that after some time of marriage the daughter of the complainant was harassed by the present appellant -Shakambari Devi. On 2.5.1988 at about 11:00 A.M., Luxmi Devi consumed some poisonous substance (Nuwan) and later on, she died in the hospital. With the same averments, the FIR was lodged by Maheshanand Pokhariyal in Police Station Muni -ki -Reti, that FIR is Ex. Ka -1. On the basis of this report, a Chik FIR was prepared by Girdhar Prasad, Head Moharrir on 4.5.1988, that Chik FIR is Ex. Ka -3. The FIR was registered in the P.S. Muni -ki -Reti on 4.5.1988 at 21:35 P.M. and the distance of the police station from the place of occurrence is 2 1/2 Kms. The entry was also made in the G.D., the copy of G.D. is Ex. Ka -4. The investigation of the case was entrusted to P.W. 6 Vijay Singh Tyagi, S.O. Muni -ki -Reti. The dead body of the deceased Luxmi Devi was sent for post -mortem in Doon Hospital, Dehradun, the post -mortem report is Ex. Ka -2. During the course of investigation, the I.O. prepared the site plan, i.e. Ex. Ka -5. P.W. 6 S.O. Vijay Singh Tyagi investigated the matter up to 11.5.1988 and on 11.5.1988, the investigation was transferred to Mahesh Chandra Bhatnagar, Deputy S.P., Tehri Garhwal who has filed the charge sheet after the investigation, that charge sheet is Ex. Ka -6. During the course of investigation, the Viscera was also sent for the chemical examination and the Scientific Officer after examining the Viscera has submitted the report, that report is Ex. Ka -7.

(2.) LEARNED Chief Judicial Magistrate Tehri has committed the case to the court of Sessions on 3.4.1989 under section 209 Cr.P.C. after complying with the provisions of Section 207 Cr.P.C.

(3.) TO prove its case, the prosecution has examined P.W. 1 Bindeshwari, mother of the deceased Luxmi, P.W. 2 Savitri Devi, who was the tenant of the house of the appellant Shakmbari Devi, P.W. 3 Ram Krishan, brother of deceased Luxmi, P.W. 4 Maheshanand, father of deceased Luxmi and complainant of the case, P.W. 5 Dr. R.C. Nautiyal, who has conducted the post -mortem of dead body of Luxmi Devi along with Dr. V.K. Andley, P.W. 6 S.O. Vijay Singh Tyagi, I.O. of the case, P.W. 7 Mahesh Chand Bhatnagar, Dy. S.P. Tehri Garhwal, I.O. of the case and P.W. 8 Constable Hari Singh who had taken the Viscera for the chemical examination to Scientific Laboratory, Agra.