Decided on February 23,2012

Brij Bhushan and Others Appellant
State of U.P. (now Uttarakhand) Respondents


Servesh Kumar Gupta, J. - (1.) THIS Court has heard the arguments in the instant appeal advanced by learned counsel for the appellants as well as learned AGA.
(2.) THE facts are that Smt. Anita, daughter of Sri Som Pal Singh, was espoused with Sri Brij Bhushan Singh almost half and a year ago from the date of lodging the First Information Report on 6.12.1986. Sri Brij Bhushan Singh was an Army personnel posted at some remote place in India. Smt. Anita committed suicide in the evening of 5.12.1986 and she was found dead in her matrimonial house. In the post mortem, no injury was noticed on her body, so her Viscera was preserved and sent for chemical examination. It was revealed that she consumed poison, which resulted in her mortal. The FIR was lodged next day at 9.10 p.m. by Sri Som Pal Singh (father of0020the deceased), who happened to be a Lekhpal in the nearby district Rampur within the territorial jurisdiction of Police Station Vilaspur. The Chick of the FIR is Exhibit Ka -8. After investigation, the charge sheet was submitted against Sri Brij Bhushan Singh (husband), Sri Brij Kumar Singh (brother -in -law) and Smt. Shakuntala Devi (mother in law). It is pertinent to mention that the father of Sri Brij Bhushan Singh, namely, Lakhpat Singh has already died. After the trial, the learned lower court found all the three accused persons guilty for the offences of Sections498 -A and 306 IPC. Under Section 498A IPC, all the accused persons were directed to suffer one year's rigorous imprisonment. In addition to that, Rs.1,000/ - fine was imposed and in default of fine, all were directed to undergo two months' simple imprisonment. For the offence of Section 306 IPC, all the accused persons were directed to suffer four years' rigorous imprisonment along with Rs.2,000/ - fine by each and in default of payment of fine, all were directed to undergo three months' simple imprisonment. Feeling aggrieved, all the three convicts preferred this appeal before the Allahabad High Court, which was made over to this Court after carving out the new High Court/province.
(3.) IT is pertinent to mention that during the pendency of the appeal, the brother -in -law Sri Brij Kumar Singh and mother -in -law Smt. Shakuntala Devi (both convicts) have died. So, the appeal has already been abated against them. This Court has given a meticulous hearing to learned counsel on behalf of Sri Brij Bhushan Singh, who read the entire judgment and evidence before this Court.;

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