AVTAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is received through Superintendent, Central Jail, Bareilly, whereby appellant Avtar Singh has challenged the impugned judgment and order dated 06.01.1999, passed by Sessions Judge, Tehri Garhwal, in Sessions Trial No. 31 of 1997, whereby accused / appellant Avtar Singh along with two others has been convicted under Sections 304-B and 498-A I.P.C.. The appellant has been sentenced to imprisonment for life under Section 304-B I.P.C., and rigorous imprisonment for a period of two years under Section 498-A I.P.C.. Sentences are directed to run concurrently.

(2.) Heard learned Counsel for the parties and perused the Lower Court Record.

(3.) Prosecution story in brief is that accused / appellant Avtar Singh got married to Sunita Devi (deceased) in June 1996. After she went to her matrimonial house in Village Tyalvi, she was treated with cruelty and harassed for non-fulfillment of demand of dowry by the accused / appellant Avtar Singh (husband) and his parents, namely, Bachan Singh alias Palya (father-in-law) and Smt. Tankhi Devi (mother-in-law). On 11.03.1997 (within one year of marriage), Sunita died an unnatural death. On the next day i.e. 12.03.1997, accused / appellant Avtar Singh gave a report (Ext.A-4) to the Patwari Bagadwaldhar, that his wife has committed suicide by hanging herself. Meanwhile, on 11.03.1997 itself on receiving oral information, Patwari of the area had already taken dead body of Sunita Devi in his possession and prepared inquest report (Ext.A-5), sketch of the dead body (Ext.A-6), police form No. 13 (Ext.A-7) and sample seal (Ext.A-8). The dead body was sent for postmortem examination. A team of two doctors, namely, Dr. Lalit Kishore Gussain (P.W.3) and Dr. M.K. Singh, conducted postmortem examination on 12.03.1997 at 3.00 P.M. and prepared autopsy report (Ext.A-1). In said report, they recorded ante mortem and post mortem injuries around the neck and opined that deceased had died of strangulation due to injuries caused by fingers, or foot or stick. On third day of incident i.e. 13.03.1997, First Information Report (Ext.A-2) was lodged by Jang Bahadur Singh (P.W.5), brother of the deceased, with Patwari of the area, Bagadwaldhar, alleging that Sunita Devi was subjected to cruelty and harassment for non-fulfillment of demand of dowry and was killed by her husband accused / appellant Avtar Singh, Bachan Singh (father-in-law), Tankhi Devi (mother-in-law) and Ram Singh (brother-in-law). (In the interior hills of Uttarakhand certain revenue officials are given police powers under U.P. Government Notification No. 494/VIII-418-16, dated 07.03.1916). On the basis of First Information Report (Ext.A-2), Crime No. 2 of 1997 was registered by Patwari and check report (Ext.A-9) was prepared. Initially, investigation was conducted by Satte Singh Bisht (P.W.7), Patwari, Bagadwaldhar, but the same was later transferred to Deputy S.P. Narain Singh Napchayal (P.W.6), who completed investigation and submitted charge sheet (Ext.A-3) against all four accused, namely, Bachan Singh alias Palya, Avtar Singh (accused / appellant), Ram Singh and Tankhi Devi.