Decided on June 17,2013

Trilok Singh And Others Appellant


- (1.) An FIR was lodged by jaipal Singh against Trilok Singh and Chaman Singh in police station, Badon, Sub District Kirti Nagar, District Tehri Garhwal on 06.02.1998, at 12:30 P.M., which was registered as case crime no. 01 of 1998, in respect of offences punishable under Sections 304B, 498A of IPC. After the investigation, chargesheet was submitted against four accused persons namely, Trilok Singh, Smt. Chaina Devi, Chaman Singh and Smt. Maheswari Devi in respect of selfsame offences. The case was committed to the Court of Sessions.
(2.) When the trial commenced, and prosecution opened it's case, charge for the offences punishable under Section 498A / 34 of IPC and Section 304 / 34 of IPC was framed against the accused persons on 18.01.1999. PW1 Dr. Narendra Jha, PW2 Patwari Mahavir Prasad, PW3 Jaipal Singh, PW4 Kunwar Singh, PW5 Dy. S.P.Narain Singh, PW6 Hardev Singh and PW7 Narayan Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the crime. DW1 Smt. Sampati was examined in defence. After considering the evidence on record, Trilok Singh, Chaman Singh, Smt. Chaina Devi and Smt. Maheshwari Devi were convicted under Sections 306 of IPC, instead of Section 304B, 498A of IPC and were sentenced appropriately. Aggrieved against said order, present criminal appeal was preferred.
(3.) Prosecution led the evidence through PW3, PW4 and PW6. PW3 Jaipal Singh stated in his examination-in-chief that victim Makani Devi was married to Trilok Singh. When he heard the news of death of Makani on 05.02.1998, at 04:00 P.M., PW3 became suspicious. The news of death of victim was conveyed to PW3 by one Ghumri, who firstly said that the victim was ill and when he accompanied him it was revealed by Ghumri that Makani Devi was dead. Ghumri was cousin of Makani Devi and resided in her neighbourhood. Since the father of victim (Kunwar Singh) could not bear the shock of death of his daughter, therefore he did not go to patwari chowki for lodging FIR, which was lodged by PW3, who also proved the complaint (Ext. Ka-9). PW3 also said that Makani Devi met her a week before her death. Makani Devi disclosed to PW3 that Trilok Singh harassed her for not bringing sufficient dowry. Trilok Singh was firstly married to Makani Devi's elder sister and was subsequently married to Makani Devi.;

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