SHAKTI SINGH Vs. STATE

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This appeal has been directed against the judgment and order dated 28-09-1989, passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No. 3 of 1988, whereby the appellant Shakti Singh has been convicted u/s 302 Indian Panel Code, 1860; (hereinafter as I. P. C.) and u/s 304-B I. P. C. and sentenced to imprisonment for life and seven years respectively.

(2.) THE prosecution story, in brief, is that the father of the deceased had died in the year 1965. Deceased Basanti Devi daughter of Smt. Bindu Devi was mar ried with the appellant Shakti Singh on 03-02-1984. THE appellant Shakti Singh was employed in the Indian Army. Smt. Bhundra Devi was mother-in-law of the deceased; Smt. Dhanna Devi and Smt. Vidhata Devi were sisters-in-law (Bhabhi) of the appellant Shakti Singh and Smt. Sulochana was sister of the appellant Shakti Singh. On 22-10-1986 at about 10:00 a. m. , two persons of Village Nala? came to the mother of the deceased and informed her that her daughter Smt. Basanti Devi has commit ted suicide by hanging herself from a tree. After receiving the information about the death of the deceased, Smt. Bindu Devi alongwith her son Mohan Singh reached at village Nalai where they found Basanti Devi dead. It was also found by the Smt. Bindu Devi that there were burn as well as other bodily injuries on the person of the deceased. THE Gram Pradhan had already informed Patwari vide Ex. Ka. 3 that Smt. Basanti Devi has committed suicide by hanging herself from a Khinna tree. Pursuant to said report lodged by the Gram Pradhan about the suicide of the deceased, the parti patwari Rajendra Singh visited the spot, prepared the site plan and panchayatnama. He also prepared the necessary papers and sent the dead body for post mortem on 22-10-1986. THE post mortem was conducted in District Hospital Pauri by Dr. Rajeev Hatwal. THE Patwari did not lodge any report against the accused so the mother of the deceased submitted an application on 23-10-1986 Ex. Ka. 1 to the S. D. M. con cerned narrating the entire facts of the case. She also stated in her application that whenever her daughter used to come to her parental house she always complained about the torture and har assment meted out to her on account of dowry on the part of her husband and his other family members. Smt. Bindu Devi further stated in the application that she could not fulfill the demand of dowry of the husband and his family mem bers so they committed murder of the deceased Basanti Devi. It was also al leged in the application that the de ceased did not commit suicide but she was murdered by appellant Shakti Singh and his co-accused. On the application submitted by the informant Bindu Devi, the S. D. M. directed the Naib Tahsildar to investigate the matter. THEreafter, the Naib Tahsildar directed the Supervisor Kanoongo to register the case and inves tigate the matter immediately. THE Su pervisor Kanoongo took the investigation in his hand and made the necessary en dorsement in the G. D. On 25-10-1986, he took all the documents from the Patwari Rajendra Singh regarding the case of the deceased. THE Investigating Officer after completing the necessary formalities of the investigation submit ted the chargesheet Ex. Ka. 12 before the court.

(3.) THE accused-appellants were ex amined u/s 313 Cr. PC. and they have pleaded not guilty to the offence. THEy have stated that they have been falsely implicated in this case. THE accused-ap pellant has further stated that he has been living with his wife, brothers and bhabhies in a joint family but the de ceased Basanti Devi wanted to live sepa rately. It was stated that he was serving in Army in remote area. His wife also wanted to live with him which was not possible for him. Due to this frustration, the deceased Basanti Devi has commit ted suicide. THE accused did not adduce any oral and documentary evidence in their defence.