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2016 DIGILAW 678 (UTT)

Bhawan Singh v. State of Uttarakhand

2016-10-01

RAJIV SHARMA

body2016
JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment dated 12.12.2011 rendered by learned Additional Sessions Judge, Almora in Sessions Trial No. 30 of 2011, whereby the appellant/accused (hereinafter referred to as the accused), who was charged with and tried for the commission of offence under Sections 498-A and 306 IPC, was convicted and sentenced to undergo three years’ rigorous imprisonment and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to further undergo one year simple imprisonment, for the commission of offence punishable under Section 498-A IPC. He was also directed to undergo seven years’ rigorous imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo one year simple imprisonment for the commission of offence punishable under Section 306 IPC. The sentences were ordered to run concurrently. 2. According to the averments made in the FIR, the marriage between accused Bhawan Singh and Ms. Rewati Devi was solemnized 13 years back. The accused used to administer beatings to the deceased. He was requested to mend his ways. On 12.4.2010 also, the accused gave beatings to the deceased. Thereafter, the deceased committed suicide by pouring kerosene oil on her and putting her on fire. She was taken to Ramnagar hospital. She succumbed to her injuries in the hospital. 3. The matter was investigated and the Challan was put up after completing all the codal formalities. 4. Prosecution has examined a number of witnesses. 5. Accused was also examined u/s 313 Cr.P.C. He denied the case of the prosecution. 6. Learned Additional Sessions Judge has convicted and sentenced the accused, as noticed hereinabove. 7. Mr. Kuldeep Singh Rawal, learned amicus curiae appearing for the appellant, has vehemently argued that the prosecution has failed to prove its case against the accused. 8. Mr. H.S. Rawal, learned Assistant Government Advocate has supported the judgment dated 12.12.2011. 9. I have heard learned advocates and gone through the impugned judgment very carefully. 10. PW1 Smt. Dhana Devi has testified in her examination-in-chief that her daughter was married to accused 12-13 years back. Accused used to administer beatings to her daughter. Her daughter used to narrate these incidents to her. The son-in-law was told to mend his ways, however, he did not improve his conduct. Accused used to give beatings to Revati Devi after consuming liquor. Accused used to administer beatings to her daughter. Her daughter used to narrate these incidents to her. The son-in-law was told to mend his ways, however, he did not improve his conduct. Accused used to give beatings to Revati Devi after consuming liquor. Her daughter committed suicide due to the cruelty meted out to her by the accused. PW1 and her husband came to know about the death of Revati Devi on the second day. 11. Learned counsel appearing on behalf of the accused has not cross-examined PW1 on material issues. 12. The statement of PW1 Smt. Dhana Devi is duly corroborated by PW2 Ganga Singh. According to him also, the accused used to give beatings to his daughter. Accused was not taking care of the children. Deceased came to his house on 23.1.2010. She was told to go back to her in-laws house. Thereafter, on 12.4.2010, Revati Devi sprinkled kerosene oil on her and put her on fire. She was taken to Ramnagar hospital. She died in the hospital. He lodged the FIR on 19.4.2010. 13. PW3 Raghuvar Singh Rawat, in his examination-in-chief, has deposed that Revati belonged to his village. She was taken to Sushila Tiwari Hospital where she died. 14. PW4 Dr. C.P. Bhaisoda has conducted the post-mortem examination. According to him, the deceased died due to burn injuries. 15. PW5 R.C. Makholiya is the investigating officer. He has investigated the matter and has taken the case property in his possession. 16. The statement of PW1 Smt. Dhana Devi has been duly supported by PW2 Ganga Singh. According to their statements, the accused used to administer beating to deceased Revati Devi after consuming the liquor. He was requested to mend his ways. She committed suicide by pouring kerosene oil on her and putting her on fire on 12.4.2010. According to the post-mortem report, duly proved by PW4 Dr. C.P. Bhaisoda, the deceased died due to burn injuries. Though, there is delay in registration of the FIR, however, the same has been duly explained by the prosecution. Since the family of the deceased was under shock, thus, the delay cannot be held to be inordinate. 17. Prosecution has proved beyond reasonable doubt that the accused subjected the deceased Revati Devi to cruelty. Accused abetted/instigated the deceased to commit suicide. 18. Since the family of the deceased was under shock, thus, the delay cannot be held to be inordinate. 17. Prosecution has proved beyond reasonable doubt that the accused subjected the deceased Revati Devi to cruelty. Accused abetted/instigated the deceased to commit suicide. 18. Accordingly, in view of the observations and discussion made hereinabove, there is no merit in this appeal and the same is dismissed. The bail bond is cancelled. Appellant/accused, who was directed be enlarged on bail vide order dated 21.8.2013, is ordered to be taken into custody to undergo the remaining sentence imposed by the trial court on 12.12.2011. 19. Let a copy of this judgment along with the LCR be transmitted to the court below for compliance of the judgment forthwith.