JAI PAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 27.11.1995 passed by Special Judge (Additional Sessions Judge), Nainital in Sessions Trial No. 77 of 1990, State v. Jaipal Singh and Ors., whereby the appellant/accused was found guilty for the offences punishable under Sections 304 -B and 498 -A of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and was sentenced to ten years' rigorous imprisonment under Section 304 -B. However, the co accused , namely, Ram Singh, Chandrapal Singh and Smt. Usha Devi were acquitted by the trial court of the charge levelled against them.

(2.) HEARD Smt. Pushpa Joshi, learned Counsel for the appellant as well as Sri M.A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) ON 3.6.1989, Om Prakash (PW1), father of the deceased Smt. Urmila, also lodged the report at Police Station, Kashipur with the averments that before two years of the said incident, his daughter Smt. Urmila Devi was married to the appellant/accused Jaipal Singh and he has given dowry as per his status. It was further stated that the appellant/accused was harassing her daughter for the demand of dowry and he was demanding Rs. 5,000/ - in cash from his daughter. On 1.6.1989 at about 12 O' Clock his son in -law came to his house and demanded Rs. 5,000/ - from him and also said that if the demand of money would not met then they may bring back her daughter otherwise he would kill his daughter. At that time Chandarpal Singh and Harcharan Singh were also there. It was further averted that on 2.6.1989 he got the information that the appellant/accused has killed his daughter and the father of the appellant/accused Ram Singh, brother Chandrapal Singh and wife of his brother Smt. Usha Devi were also involved in the murder. With the same averments, Sri Om Prakash (PW1) lodged the report at Police Station Kashipur on 3.6.1989 at 02:00 P:M. That report is Ext.Ka -1. On the basis of this report, Chik F.I.R. i.e. Ext.Ka -7 was prepared by Head Constable Mohd. Taheer. The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka -8. The site -plan of the place of occurrence was prepared by Sub Inspector R.C. Dixit (PW4) i.e. Ext.Ka -9. The investigation of this case was entrusted to Sri Pradeep Chand (PW7), Circle Officer, who during the course of investigation recorded the statement of the witnesses and after completing the investigation he filed the charge sheet against the appellant/accused Jaipal Singh and the other co -accused persons, namely, Ram Singh, Chandrapal Singh and Smt. Usha Devi. That charge sheet is Ext.Ka -11.