GHAN SHYAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 7.11.2003 passed by Sri Umesh Chand Pandey, the then Addl. District & Sessions Judge, Court no. 11, Mathura in S. T. no. 700 of 1998 whereby the appellant has been found guilty for the offence punishable u/s 306 Indian Penal Code and had been sentenced to seven years' rigorous imprisonment and fine of Rs. 5,000/- with default stipulation. However, the learned trial Court has acquitted co-accused Veena, with whom the accused has contracted Dhareja (customary marriage).

(2.) Facts germane to the appeal are that on 26.2.1997 complainant Phool Singh submitted a written report in Kotwali, Mathura alleging that the marriage of his daughter Usha Devi was solemnized with accused Ghan Shyam Singh on 4.3.1977 and they resided in Shanti Nagar, Maholi Road, Mathura. Her husband was employed as Junior Engineer in the office of the S. D. O., Telegraph Department. On 14.2.1997 he had contracted second marriage with a girl resident of Neem Gaon and 2-4 days thereafter he asked his daughter to give a writing that for seven years she had no relationship with him. When she declined, he (the accused-appellant) extended life threat to her. On 24.2.1997 she came to him and narrated the incident, whereupon he talked with the accused and she went along him. In the morning of 26.2.1997 accused along with his new wife admitted Usha Devi in Methodist Hospital, Jai Singh Pura, informed the complainant and after her death, made his escape good. The complainant found the dead body of Usha Devi in the hospital. According to doctor's report she had died due to intake of Sulphos. The report further stated that the accused used to harass and torture Usha Devi on the premise that he is Junior Engineer and her father had given nothing to him, she is only High School pass and he would marry an educated lady. On the basis of this report case at crime no. 87 of 1997 u/s 498-A, 506, 306 IPC and 3 /4Dowry Prohibition Act was registered. During investigation inquest and autopsy on the cadaver of the deceased were conducted. In the viscera of the deceased, the Forensic Science Laboratory, Agra found aluminum phosphide poison. The investigation culminated into charge sheet against the appellant and his alleged new wife Veena Devi.

(3.) After committal of the case to the Court of Session, charge for the offence punishable u/s 306 IPC was framed against the accused who abjured their guilt and claimed trial.