Decided on April 23,2012

Bal Krishan Joshi Appellant
State of Uttarakhand and others Respondents


U.C. Dhyani, J. - (1.) PRESENT criminal revision has been preferred against the judgment and order dated 16.07.2003, whereby accused Narayan Dutt Pandey was acquitted of the charge under Section 306 IPC framed against him by learned Additional Sessions Judge / 1st FTC, Udham Singh Nagar, Rudrapur. On 14.12.2001 a report was given by the informant Bal Krishan Joshi to Circle Officer, Khatima. Bal Krishan Joshi's daughter Devki Devi was married to accused Narayan Dutt in the year 1983. Devki Devi was harassed and tortured by her mother -in -law Saraswati Devi, sister -in -law Nirmal Punetha and husband Narayan Dutt Pandey, as Devki Devi could not bear a child. She was issueless. An information was given to S.D.M., Khatima and P.S. Khatima on 22.02.1999 regarding threat to life of Devki Devi. On 09.02.2001 accused Narayan Dutt Pandey solemnized second marriage. Devki Devi was assaulted. She was ousted from her matrimonial home on 28.03.2001. An application under Section 125 Cr.P.C. was filed by Devki Devi in the court of Magistrate at Khatima in which both the parties entered into compromise subsequently. On 13.12.2001 accused Narayan Dutt Pandey informed informant Bal Krishan Joshi that Devki Devi was not well. On hearing this, informant sent his nephews Tulsanand Joshi and Kailash Chand Joshi to the residence of accused Narayan Dutt Pandey. The condition of Devki Devi was critical. Her in -laws had killed her. An application under Section 156(3) Cr.P.C. was filed in the court of Judicial Magistrate, Khatima on 24.12.2001 alleging the above. On 13.12.2001 Devki Devi consumed poison. The nephews of informant got Devki admitted in Tapan Hospital, Khatima. Doctors referred the matter to Higher Center (Piliphit). When she was being taken to Pilibhit, Devki regained consciousness for a while and alleged that her in -laws assaulted and administered poison to her. Devki Devi died on way to Pilibhit. When informant went to Devki's matrimonial home, the neighbours told informant that Narayan Dutt Pandey was giving brown -sugar to Devki.
(2.) THE Judicial Magistrate at Khatima allowed the application moved under Section 156(3) Cr.P.C. and directed the police to register and investigate the case. After the investigation was completed, charge sheet was submitted against accused Narayan Dutt Pandey under Section 306 IPC. Learned trial court framed charge for the offence punishable under Section 306 IPC against the accused, who pleaded not guilty and claimed to be tried. As many as five prosecution witnesses were produced before the trial court. Statement of accused under Section 313 Cr.P.C. was recorded. Accused did not produce any evidence in defence. P.W.1 Kailash Chand Joshi was the cousin of victim. P.W.2 Dr. Rajesh Palini gave first aid to victim on 13.12.2001. P.W.3 Bal Krishan was the unfortunate father of the victim who lodged FIR. Accused Narayan Dutt was married to victim some 18 -19 years ago. She was issueless. P.W.4 Dr. Saubhagya Prakash conducted post mortem on the dead body of Devki Devi and proved his report Ext.Ka -2. P.W.5 SI D.L. Verma was the Investigating Officer of the case. Ext.Ka -13 was the report of Forensic Science Laboratory, Agra. Aluminum phosphate (poison) was found present in the viscera of deceased.
(3.) P .W.1 Kailash Chand Joshi stated in his examination -in -chief before the learned trial court that on 13.12.2001 at 6:30 p.m. his uncle Bal Kishan Joshi send him to accused Narayan Dutt Pandey because Narayan Dutt Pandey made a phone call to Bal Kishan Joshi. When P.W.1 Kailash Chand Joshi reached Narayan Dutt Pandey's residence he found that Devki Devi was critical. She had sustained head injury. When P.W.1 Kailash Chand Joshi enquired from accused Narayan Dutt Pandey about the same, he explained that Devki Devi has slipped in the bathroom. The cousin (P.W.1 Kailash Chand Joshi) was not allowed to talk to victim and was asked to bring vehicle. Cousin brought vehicle and took the victim to hospital. Doctor told him that either the victim has consumed poison or she has suffered brain hemorrhage. She was rubbing her chest. In the meantime P.W.3 Bal Kishan Joshi arrived. The victim was taken to the Higher Center (Pilibhit). On way to higher center victim told her cousin that her husband, mother -in -law, father -in -law, sister -in -law and second wife of accused have beaten her. She also told that a white powder was given to her. She breathed her last before reaching Pilibhit. In Khatima and cousin. Accused married for the second time in the year 2001.;

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