AMAR RAM @ DAMAR RAM S/O LACHI RAM Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-10-118
HIGH COURT OF UTTARAKHAND
Decided on October 16,2012

AMAR RAM @ DAMAR RAM S/O LACHI RAM Appellant
VERSUS
State of Uttar Pradesh (now State of Uttarakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 23.06.2000, passed by Learned Sessions Judge Pithoragarh, in Sessions Trial No. 80 of 1995, whereby said court has convicted the accused/appellant Amar Ram @ Damar Ram under section 306 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Anandi Devi (deceased) got married to accused/appellant Amar Ram @ Damar Ram about fifteen years before the day of incident. It is alleged that in the month of July 1995, Anandi Devi wanted to go to her parental house on the occasion of festival of HARELA (This festival is usually celebrated in the hills in the month of July/August every year). Normally, the married women go to their parental homes on such occasion. But in the present case the husband (accused/appellant) was not willing to allow his wife Anandi Devi to go to her parental house. Anandi Devi appears to have insisted to go to her parent's house and went there with her youngest daughter. The couple is said to have three daughters. After four days when Anandi Devi came back to her husband's house it is alleged that she was beaten by her husband ( Amar Ram @ Damar Ram) where after she committed suicide on 21.07.1995, at 8.00 a.m. On receiving of information of death of Anandi Devi, her parents went to Village Satgar (village of the husband of the deceased) where after PW1 Arjun Ram (father of the deceased) alleging murder of his daughter lodged First Information Report on 22.07.1995, with Naib Tehsildar, Pithoragarh. (In Uttarakhand hills certain revenue officials are given police powers). On the basis of said report the revenue police registered Crime No. 02 of 1995, in Patwari Circle Shilling against accused/appellant Amar Ram @ Damar Ram, and his mother Parwati Devi, in respect of offence punishable under section 302 of I.P.C. PW6 Kharak Singh Thagunna Supervisor Kanungo, investigated the crime. Dead body of the Anandi Devi (deceased) was taken into possession by Patwari of the Shilling on 22.07.1995, at 3.30 p.m, and inquest report (Ex-A4) was prepared in the presence of the witnesses. The revenue police further prepared site plan (Ex-A5), sketch of the dead body (Ex-A6), Police Form No. 13 (Ex-A7), sample seal (Ex-A8) and letter (Ex-A9) to Chief Judicial Magistrate, Pithoragarh, requesting for post mortem examination on the dead body of Anandi Devi. PW4 Dr. Hem Chandra Joshi conducted post mortem examination on 23.07.1995, and prepared autopsy report (Ex-A2). The said medical officer recorded as many as 12 ante mortem injuries on the dead body of Anandi Devi and opined that deceased had died of asphyxia due to ante mortem injuries in the neck region. After interrogating the witnesses, and on completion of investigation, the Investigating Officer submitted charge sheet (Ex-A10) against the accused/appellant Amar Ram @ Damar Ram and his mother Parwati Devi, for their trial in respect of offence punishable under section 306 of I.P.C.;


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