- (1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 21-02-1987, passed in Sessions Trial No. 35 of 1985, by learned Ses sions Judge, Tehri Garhwal, whereby the accused (present respondents) are ac quitted of the charge of offences pun ishable under Section 302 read with Section 34 and under Section 498-A read with Section 34 of the Indian Pe nal Code, 1860 (hereinafter referred as I. PC. ). The leave to appeal was granted by the Allahabad High Court on 30-04-1992, as this appeal was initially filed there on 05-06-1987. This appeal is re ceived by transfer to this Court under Section 35 of the U. P Reorganization Act, 2000, for its disposal.
(2.) WE heard learned counsel for the parties and perused the entire evidence on record. The prosecution story in brief is that Budha Devi (deceased), daughter of Khaddu Singh (P. W. I), got married to Soban Singh (accused / respondent No. 1) resident of Village Sagwan Gaon, Patti Sarjula, District Tehri Garhwal, in the month of April 1984. Village of Khaddu Singh (parental village of the deceased) is Kanda of the same Patti and District, which is at a distance of some five kilometers (3 miles) from the village Sagwan Gaon. Accused / re spondents Bharat Singh, Bachan Singh and Chait Singh are brothers of Soban Singh (husband of the deceased), while accused / respondent Sauna Devi is mother of said accused. Accused / re spondent Chhaini Devi (wife of accused / respondent No. 2, Bhaiat Singh) and accused / respondent Munni Devi (wife of accused / respondent No. 3, Chait Singh) are sisters-in-law of the deceased. According to the prosecution, accused / respondent Bharat Singh and his other members of the family i. e. the in-laws in the house of the deceased, were not happy with the dowry given in the mar riage and used to harass deceased Budha Devi. (It is pertinent to mention here that the incident in question relates to the year 1985 and Section 304-B of l. P. C. was inserted by Act No. 43 of 1986 w. e. f. 19-10-1986 ). It is alleged by the prosecution that Budha Devi in formed about the harassment by her husband and in-laws to her father P. W. 1 Khaddu Singh through some boy. On 12-08-1985, Budha Devi died of un natural death, of which according to the father of the deceased, no information was sent to him by Soban Singh or other members of his family. It is further al leged by the prosecution that the body of the deceased was disposed of on 13-08-1985 before Khaddu Singh or other family members from the parental side could reach village Sagwan Gaon. Lastly, though not mentioned in the first information report, but it is alleged by the prosecution that the accused / re spondents Soban Singh, Bharat Singh, Bachan Singh and Chait Singh made an extra judicial confession to P. W. I Khaddu Singh and other witnesses namely P. W. 3 Jagat Singh, P. W. 4 Gaina Singh and P. W. 5 Cyan Singh, village Pradhan of Village Kanda (who accom panied Khaddu Singh to village Sagwan Gaon) that they (accused) have commit ted a mistake by killing deceased Budha Devi and disposing of her body without informing her parents. From the defence side, though it is admitted to the accused/respondents that Budha Devi got married to accused / respondents Soban Singh, but the al legations relating to cruelty for non fulfillment of demand of dowry or the allegation of commission of murder with common intention, are denied. Accord ing to the defence version. Budha Devi committed suicide and a first informa tion report (Ext. A- 2) was lodged on 12-08-1985. with the police outpost Bhaito Gisera (within the limits of police station Tehri ). Thereafter, inquest report of the dead body (Ext. A-7) was prepared by the police, where after on 13-08-1985. Doctor Y. S. Rana (P. W. 14) conducted the autopsy on the dead body. After au topsy. Doctor Rana prepared postmor tem examination report (Ext. A-12) and said report disclosed cause of death as asphyxia due to hanging. From defence side it is also alleged that information was also sent to the parental village of the deceased, but Khaddu Singh (father of the deceased) was not available in his village, as such, on 13-08-1985. the dead body was disposed of.
(3.) THE first information report (Ext. A-l) lodged by P. W. I Khaddu Singh is dated 14 August 1985 i. e. subsequent to the first information report (Ext. A-2) lodged by accused / respondents Soban Singh. But the first information report (Ext. A-l) which reached the police sta tion through Sub Divisional Magistrate, was actually registered at the police sta tion on 1/-08-1985. and a case under Section 149. 302 and 498-A of I. P. C. (Crime No. 01 of 1985) was registered against the accused / respondents Soban Singh. Bharat Singh. Bachan Singh. Chait Singh. Sauna Devi, wife of Chait Singh (Munni Devi) and wife of Bharat Singh (Chhaini Devi ). THE crime was ini tially investigated by P. W. 11, Beer Sen Yadav, Inspector In-charge, police sta tion Tehri and, thereafter, P. W. 15 G. S. Thapa, Deputy Superintendent of police took over the investigation, who submit ted charge sheet (Ext. A-13) against all the seven accused / respondents, for their trial in respect of offences punish able under Section 149, 302 and 498-A of I. P. C. Before that witnesses were interrogated by the Investigating Offic ers and site plan (Ext. A -6) was pre pared, during investigation. It is pertinent to mention here that before the investi gation started, inquest report (Ext. A -7) had already been prepared on 13-08-1985, after the unnatural death reported by accused Soban Singh to the police and sketch of the dead body (Ext. A-8), police form No. 13 (Ext. A -9) and let ter (Ext. A-10) to the Chief Medical Officer for postmortem examination, were prepared. THE postmortem exami nation had also been conducted on 13-08-1985 by Dr. Y. S. Rana, who pre pared the report Ext. A-12, of the same. The Magistrate, on receipt of the charge sheet, after giving necessary cop ies to the accused, as required under Section 207 of the Cr. P. C. , committed the cases relating to offence punishable under Section 302 / 34 and under Sec tion 498-A/ 34 of I. P. C. , to the court of Sessions, for trial. Learned trial court, after hearing the parties, framed charge of two heads, on 23-12-1985, against all the seven accused namely, Soban Singh, Bharat Singh, Bachan Singh, Chait Singh, Sauna Devi, Munni Devi and Chhaini Devi, relating to offence punish able under Section 302 read with Sec tion 34 of the LEG. and one punishable under Section 498-A read with Section 34 of I. P. C. All the accused pleaded not guilty to the charge and claimed to be tried. On this, prosecution got examined P. W. 1, Khaddu Singh (informant and fa ther of the deceased); P. W. 2, Lakhan Singh, P. W. 3, Jagat Singh (brother of the deceased); P. W. 4 Gaina Singh; P. W. 5, Cyan Singh (Pradhan of village Kanda); P. W. 6, Khushal Singh, Photog rapher (who photographed the dead body on the request of the police); P. W. 7, Bhagwan Singh Panwar (scribe of the report Ext. A-1j; P. W. 8, Beer Singh; P. W. 9, Head Constable Raghunath Singh (who prepared the check report Ext. A-2, on the report given by Soban Singh, on 12-08-1985); P. W. 10, Constable Salim Khan (who guarded the dead body in the intervening night of 12-08-1985 and 13-08-1985, before it was taken for postmor tem examination); P. W. I 1, Beer Sen Yadav, Inspector In-charge (Investigating Officer); P. W. 12, Sub Inspector Goverdhan Das (who prepared the inquest report Ext. A-7 and other related papers, on 13-08-1985); P. W. 13, Bimal Kothari (who developed the photographs in the Studio); P. W. 14, Dr. Y. S. Rana (who conducted the postmortem examination); P. W. 15 G. S. Thapa, Dy. Superintendent of police (who concluded the investiga tion); P. W. l6 Harbhajan Singh and P. W. 17, Soban Dei.;