Decided on May 28,2013

AMAR SINGH Appellant


- (1.) This criminal appeal is against the judgment and order dated 25.6.2010, rendered by the Sessions Judge, Almora while adjudicating the Sessions Trial No. 41/2006, State v. Amar Singh & 2 others. The said trial proceeded for the offence of Section 302/201/498A IPC pertaining to Patwari Circle Kotsyari, Crime No. 2/2005, wherein the accused Dev Singh and Gopal Singh were set free by the court below, while the accused Amar Singh's complicity was found proved for the offence of Section 302/201 IPC, and he was appropriately sentenced by the trial court.
(2.) Backdrop of the prosecution story is based upon an application of Gopal Singh, the husband of victim Smt. Vimla Devi, moved to the Gram Pradhan concerned on 7.8.2005 with the facts that his wife Smt. Vimla Devi gave birth to a baby daughter on 6.8.2005. However, Gopal Singh made the allegation that this baby was not born out of his marital relations with his wife. He further expressed his full confidence to this effect, and requested to the Gram Pradhan that an enquiry should be made from his wife Smt. Vimla Devi as to with whose physical relations, the baby has taken birth. He further expressed his dissatisfaction upon the character of his wife and stated that he is no further inclined to keep his wife with himself. It was also stated in the said application that Smt. Vimla Devi was making an attempt to commit suicide of herself as well as of the newly born baby. He requested the Gram Pradhan to hand over the baby to the person, who established the physical relations with his wife to give birth to this child. This application, given to the Gram Pradhan, is Ex. Ka-1, pursuant whereof a Panchayat was called by the Gram Pradhan on the same i.e. on 7.8.2005. The proceedings of the Panchayat were reduced in the writing and those are Ex. Ka-2 and Ka-3 on the record bearing the signatures of erstwhile Gram Pradhan, two ex-Gram Pradhans, Gram Prahari, Smt. Vimla Devi as well as Amar Singh and few others. Amar Singh confessed his physical relations with Smt. Vimla Devi, wife of Gopal Singh, for the last several months stating that resultantly the questioned baby was born. Amar Singh accepted the said baby, born as a result of his relations with Smt. Vimla Devi. He took the responsibility of Smt. Vimla Devi and her infant baby to take care of them thenceforth. This acceptance and taking of the future responsibility of Smt. Vimla Devi was further reduced in the writing and those are Ex. Ka-4 and Ka-5 on the record.
(3.) The said Vimla Devi eloped from the village eversince the day of Panchayat, as stated in the FIR lodged on 13.12.2005 by Madan Singh, father of Smt. Vimla Devi. The FIR is Ex. Ka-8A. Chick report thereof is Ex. Ka-9. In this report, the allegation was also made against the husband and father-in-law of Smt. Vimla Devi, namely, Gopal Singh and Dev Singh respectively. The facts that she was entrusted in the custody of Amar Singh in Gram Panchayat, as aforestated, was also mentioned in the FIR. The investigation culminated in the submission of the chargesheet for the offence of Section 302/201 IPC against Amar Singh, and for the offence of Section 498A IPC against Dev Singh and Gopal Singh. This chargesheet is Ex. Ka-19. The charges were levelled by the learned trial court accordingly.;

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