Decided on June 17,2013



Umesh Chandra Dhyani, J. - (1.) ONE Prem Singh Kaitoora lodged a first information report on 20.05.1997, at 7:15 p.m., against Ravindra Singh, Brijendra Singh, Smt. Bindra Devi, Smt. Bimla Devi and Smt. Seeta Devi, in reporting outpost Bhagirathi Puram, PS Tehri, which was registered as case crime No. 20/1997, in respect of offence punishable under Section 306 IPC. After the investigation, a charge sheet against Ravindra Singh, Bijendra Singh, Smt. Bindra Devi and Bimla Devi was submitted, in respect of the selfsame offence. The case was committed to the Court of Sessions. When the trial commenced and the prosecution opened it's case, PW1 Doctor K.K. Tamta, PW2 Gabli Devi, PW3 Awal Singh, PW 4 Prem Singh, PW 5 Khem Singh, PW 6 Chandan Singh, PW 7 HC Atar Singh, PW 8 Smt. Sushilda Devi and PW 9 Jeet Pal Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which the applicants said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Additional Sessions Judge/Fast Track Court, Tehri Garhwal, vide order dated 03.10.2001, exonerated accused Bijendra Singh, Smt. Bimla Devi and Bindra Devi of the charges levelled against them. Main accused Ravindra Singh (husband) was however, convicted under Section 306 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs. 2000/ -, in default of which he was required to further undergo imprisonment for two months. Aggrieved against the said judgment and order, present criminal appeal was preferred.
(2.) PW 1 Dr. K.K. Tamta, conducted postmortem on the dead body of the deceased. He proved the postmortem (Ext. Ka -1) and said that the victim sustained burns. Epidermal burns were present on her whole dead body except around the waist. Pubic hair, auxiliary hair and scalp hair were burnt and singed. Red lines were present on various parts of the body. Blackening and blistering were also present on various parts of the body. The postmortem was conducted on 17.05.1997, at 11:10 a.m. According to PW1, duration of the death of the victim was between 1 to 2 days. The cause of her death was shock due to ante -mortem burn injuries caused by fire. According to PW1, the victim did not sustain any external or internal injury. The victim died as a consequence of burn injuries. Pw7, Head Constable Atar Singh was a formal witness and so was Pw 9 Jeetpal Singh, Sub Inspector, who conducted the investigation of the case.
(3.) PW 2 Galbi Devi was the mother of the deceased, who said that the victim was married to Ravindra Singh (appellant) about 15 -16 years ago (from the date of deposition). They pulled up well for 7 -8 years so long as Ravindra was not employed. Thereafter Ravindra Singh was employed in a college. The destruction of the victim was on the cards. Ravindra never stayed at his home and marital relations between Ravindra and Chaita Devi were almost vanished. The victim came back to her parental home. After 2 -3 years of the employment of Ravindra, he wrote a letter to PW2. The dispute between Ravindra and Smt. Chaita Devi was resolved through the intervention of gram pradhan Khem Singh (PW 5). Ravindra had written filthy letter, which was sent to the parental home of the victim. Ravindra lived in a rented house. He along with his family members assaulted the victim. Again an out of Court settlement took place in the PS concerned. Ravindra was having illicit relationship with one Bhagwani Devi. When the victim again came back to her parental home, she told that Ravindra Singh took out a knife to kill her. She was again assaulted by the husband and the members of matrimonial home. The victim committed suicide thereafter. She was so much tortured and harassed that the victim ended her life. The accused persons abetted the commission of suicide.;

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