Decided on January 06,2012

Tej Giri Appellant
STATE Respondents


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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