VIJENDRA PRASAD BHATT Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 20.09.2002, passed by learned Sessions Judge Tehri Garhwal in Sessions Trial No. 12 of 1999, whereby the appellant has been convicted & sentenced to undergo five years R.I. under section 307 I.P.C. & a fine of Rs. 2000/ - and in default of payment of fine the appellant shall further undergo two months R.I. The appellant has also been convicted and sentenced to undergo six months R.I. u/s 506 I.P.C.

(2.) THE prosecution story, in brief, is that the complainant Thuma Devi lodged a report Ex.Ka 1 on 08.07.1998 at about 1835 hrs. at police station Devprayag alleging therein that her husband had been working in the Education Department at Tholdhar and she alongwith other women relatives had been residing in the village. On 05.07.1998 at about 10:00 p.m., an unknown person peeped into her house through the doors and as soon as her son Pramod Bhatt came out to see him, he ran away from there. After few days, on 08.07.1998 one Virendra Sati stayed in her house and when he went out for natural call at about 4:30 a.m., he saw a person running away. Thereafter, he found her niece Manju Devi (victim) hanging on a Bheemal tree. On seeing this, he called out the complainant Thuma Devi (mother -in -law of the victim). Thereafter, the complainant also saw her daughter -in -law hanging on the the Bheemal tree with her hands tied with the branch of the tree. It was further alleged that Manju Devi (victim) was in the advance stage of pregnancy. The complainant Thuma Devi thought that her daughter -in -law was having pregnancy pain and as such she was embracing the said tree. When she came near to her daughter -in -law, she found that her hands were tied with the rope on the Bheemal tree. Thereafter, Virendra Sati and the complainant cut the rope of the victim. Manju Devi stated to them that when she was returning from natural call in the early morning, the accused/appellant closed her mouth, dragged her near the Bheemal tree and closed her face with the cloth worn on her head. Thereafter, the appellant/accused tried to hang her on the rope already hanging on the tree, but he could not lift her upto the height of rope. Thereafter, he tied her hands with the branch of the tree and gave blows to her with danda. On hearing some sound, he fled away from the spot giving threat to her and her family members. The victim further stated to them that if the accused/appellant would not hear the sound at that time, he would have hanged her. On the basis of F.I.R. Ex.Ka1, chick F.I.R. Ex. Ka.4 was prepared and necessary entry was made in the G.D. The investigation of the case was entrusted to S.O. P.S. Deoprayag, Sri D.D. Arya. After completing the investigation, the police submitted the chargesheet Ex.Ka.7 against the accused/appellant before the court.

(3.) AFTER submission of chargesheet, the accused/appellant was committed to the court of Sessions for trial and the trial court framed charge u/s 307 and 506 I.P.C. against the accused/appellant. The accused/appellant denied the charges levelled against him and claimed his trial.