ANAND SINGH Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-2-8
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on February 28,2012

ANAND SINGH Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (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 th October, 1995 along with her younger son. She stayed in her parental home till 31 st 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 started.;


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