J.C.S. Rawat, J. - (1.)THIS Criminal Appeal has been directed against the judgment and order dated 14 -03 -1990 passed by Shri Munni Lal, the then Sessions Judge, Chamoli in S.T. No. 21/1989 State Vs. Diwani Ram & Ors., whereby the Appellants were convicted and sentenced to undergo for life imprisonment under Section 302/34 I.P.C. The Appellants were further convicted and sentenced to undergo R.I. for three years and two years under Section 201 I.P.C. and Section 498 -A I.P.C. respectively. All the sentences were to run concurrently.
(2.)THE facts, in nutshell, are that the marriage of Smt. Sati Devi (deceased) D/o Bachhu Das was solemnized with Appellant No. 1 Diwani Ram S/o Gaphloo Das. Gaphloo Das (father -in -law), Rukmani Devi (mother -in -law) and Diwani Ram (husband of the deceased) used to ill -treat the deceased. On 13 -06 -1989 at about 2 pm the Appellant -Gaphloo Das came to the house of Bachhu Das and told him that Smt. Sati Devi went to the jungle to collect the grass, but she did not return from there. Gaphloo Das further asked him as to whether she had come to her parental house. Bachhu Das replied him that Smt. Sati Devi did not come to his house. Thereafter, on 14 -06 -1989 at about 10 -11 a.m. Gaphloo Das again came to the house of Bachhu Das and told him that Smt. Sati Devi came to her parental house and they have concealed her their house. On this, Bachhu Das told him that his daughter did not come to her parental house and he was amazed to know that her daughter is missing from her matrimonial house. A thorough search was made. Bachhu Das had doubt on the husband and in -laws of Smt. Sati Devi. Thereafter, Bachhu Das reported the matter to the S.D.M., Chamoli but no action was taken in the matter. In the meantime, Bachhu Das also filed an application before the Gram Sabhapati, Ustoli o 20 -06 -1989 (Ex.ka.1).
When the revenue police did not proceed with investigation inspite of the application submitted to the S.D.M., an application about the incident (Ex.ka.2) was given to the District Magistrate, Chamoli on 28 -06 -1989 reiterating the aforesaid facts. It was further alleged in the application that the dead body of the deceased Smt. Sati Devi was found in Nandakani river on 24 -06 -1989 and the information to that effect was also given to the Patwari but no action was taken by him. On the said application, the District Magistrate vide order dated 28 -06 -1989 directed the Naib Tehsildar, Chamoli to investigate the matter either himself or by Supervisor Kanoongo. Thereafter, the Naib Tehsildar, Chamoli directed the Supervisor Kanoongo to investigate the matter. Since the Supervisor Kanoongo was on leave, hence the Patwari, Nand Prayag, the incharge supervisor Kanoongo investigated the matter and prepared the chick report (Ex.Ka.5) on the basis of application given to District Magistrate Ex.ka.2. He made the necessary entry of the chick report in the G.D. (Ext.Ka.6). The Patwari recorded the statement of Bachhu Das and arrested the accused Appellants on 01 -07 -1989. On 02 -07 -1989 the Supervisor Kanoongo joined his duties after leave. Thereafter, the investigation was undertaken by the Supervisor Kanoongo on 02 -07 -1989. After completing the investigation, the Supervisor Kanoongo (Investigating Officer) submitted the chargesheet (Ext.Ka.8) before the court.

(3.)AFTER submission of chargesheet the Appellants -accused were committed to the court of Sessions for trial and the trial court framed charges against the Appellants. The Appellants -accused denied the charges levelled against them and claimed their trial.
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