HIGH COURT OF UTTARAKHAND
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SERVESH KUMAR GUPTA, J. -
(1.) HEARD Sri Pramod Tewari, Advocate, holding brief of Sri S.S. Adhikari, Advocate for the appellant and Sri Shivanand
Bhatt, Brief Holder for the State and also perused the entire
material available on record.
(2.) THIS appeal emanates from the judgment and order dated 28.7.1999 passed by learned Sessions Judge, Pithoragarh in S.T. No.23 of 1994, State Vs. Tej Giri. Learned Sessions Judge
tried the accused for the offence of Sections 302/201 IPC, but
instead of said offences, he found the accused guilty for the
offence of Section 307 IPC and passed a sentence of R.I. for a
period of seven years.
The prosecution facts, emerging out from the record before this Court, are that accused was a military personnel, posted
somewhere in Assam Rifles and he was enjoying the leaves
along with his family in village Chamdungra, Tehsil Gangolihat,
District Pithoragarh. Almost a week prior to the incident of
14.7.1992, in a marriage party of his niece, the accused noticed that his wife Smt. Saraswati @ Saru Devi was having the funny
interactions with the members of marriage party. He felt
annoyed and raised a quarrel with his wife upon this issue.
The same was escalated and he hurled the filthy abuses to his
wife, which drove her to leave the matrimonial home for her 2
parents ' house which was not far away. Smt. Saraswati Devi
left the house of her husband along with the elder brother of
her husband, namely, Bahadur Giri, and boarded in a bus,
going to Pithoragarh. They had to disembark their journey at
some place from the bus in order to reach the village Aali,
Tehsil Champawat, District Pithoragarh (the parents ' house of
Smt. Saraswati Devi).
(3.) IN the same bus, the accused Tej Giri along with three minor daughters, also boarded. Eventually, both Sri Tej Giri
and Smt. Saraswati Devi were sitting on the same seat in the
bus, so latter strived to take custody of all three daughters with
her, but in vain. This way, Smt. Saraswati Devi reached to her
parents ' house along with Bahadur Giri.;
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