ANAND SINGH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARANCHAL
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(1.) In the instant case, unfortunate father of
deceased lodged a complaint (Ext. Ka-2) on
03.11.1995 with Sub Divisional Magistrate,
Gangolihat alleging culpable homicide amounting to
murder of his daughter Maheshwari Devi.
According to complainant Nain Singh, his daughter
was married to Aan Singh about 16 years ago. Three
children were begotten out of their wedlock.
Daughter came to them on 24
October, 1995 along
with her younger son. She stayed in her parental
home till 31
October, 1995. On 01.11.1995 Aan
Singh, husband of Maheshwari Devi came to
informant s residence. One Dalip Singh
accompanied him. Informant father sent his
daughter with her husband on 01.11.1995 to her
matrimonial home. On 02.11.1995 at 8:00 pm Prem
Singh, Harish Singh and Jeevan Singh came to
informant father and informed him that his daughter
has died. Informant father told Village Pradhan not
to cremate his daughter till father or his
representative reaches there. Since informant was an
old man therefore, he sent his cousin Kheem Singh
to see dead body of victim. Since Kheem Singh did
not return therefore, father of victim moved an
application addressed to Sub Divisional Magistrate,
Gangolihat (regarding said incident).
(2.) Father of victim mentioned in his
complaint that when his daughter was with him (at
matrimonial home) she disclosed that her husband
Aan Singh was having illicit relations with Smt.
Nandi Devi, a widow. Whenever she objected to it,
her husband threatened her to kill her. Informant
father was of the belief that her husband deliberately
killed her. Informant was also apprehending that
Patti Patwari would not be able to do anything
because the accused was a moneyed person.
(3.) Before unfortunate father of victim could
set criminal law in motion, one Daan Singh moved
an application (Ext. Ka-3) addressed to Patti
Patwari, Chaukhal mentioning therein that when on
02.11.1995 at 9:30 am, he was taking meals with his
children, then Anand Singh (husband) of deceased
came to him and said that his wife set herself on fire.
Anand Singh requested Daan Singh to inform Patti
Patwari, Chaukhal . Daan Singh himself went to the
place of occurrence where he found that Anand
Singh s wife was dead. This information was given
by Daan Singh to Patti Patwari, Chaukhal on
02.11.1995 itself. On the basis of same, chik FIR
(Ext. Ka-11) was lodged on 02.11.1995 at 4:00 pm.
Incident took place in the intervening night of
01.11.1995/02.11.1995. Investigation of the case
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