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2017 DIGILAW 214 (UTT)

JEEVAN SINGH v. STATE OF UTTARAKHAND

2017-04-06

RAJIV SHARMA

body2017
JUDGMENT Hon’ble Rajiv Sharma, J. This criminal appeal is instituted against the judgment and order dated 22/23.06.2016 passed by learned Sessions Judge, Pithoragarh in Sessions Trial No.18 of 2015, whereby the accused/appellant who was charged with and tried for the offence under Section 306 IPC, was convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months. 2. The case of the prosecution, in a nutshell, is that PW-1 Himmat Singh lodged a first information report to the effect that his daughter was married to the accused for last seven years as per Hindu customs and rites. However, his daughter was harassed and tortured by the accused (husband) and his family members for bringing insufficient dowry. He received a telephone call on 05.06.2014 that his daughter has committed suicide. 3. A First Information report was registered in the matter and post mortem of the dead body was conducted. The matter was investigated and Challan was put up before the Court after completing all the codal formalities. 4. In order to prove its case, prosecution has produced as many as six witnesses. The statement of accused was also recorded under section 313 Cr.P.C. He has denied the case of the prosecution and claimed to be tried. After conclusion of the trial, appellant/accused was convicted and sentenced as noticed hereinabove. 5. Mr. Lalit Miglani, Advocate appearing for the accused/appellant, has vehemently argued that the prosecution has failed to prove its case against the accused. 6. Ms. Geeta Parihar, Brief Holder for the State has supported the impugned judgment. 7. I have heard learned Advocates and gone through the judgment on record meticulously. 8. PW-1 Himmat Singh has testified that the name of his elder daughter was Asha Devi. She was married with the accused for last 7-8 years. The accused came into his house in the year 2008. He was not present. His wife and younger daughter were present there. He enticed his younger daughter-Geeta and took her away from his house. He received a telephone call of Geeta on 03.06.2014 that accused was beating her for last two-three days for bringing insufficient dowry. The accused threatened to kill her. He visited the house of the accused at Gwadi on 04.06.2014. His wife and younger daughter were present there. He enticed his younger daughter-Geeta and took her away from his house. He received a telephone call of Geeta on 03.06.2014 that accused was beating her for last two-three days for bringing insufficient dowry. The accused threatened to kill her. He visited the house of the accused at Gwadi on 04.06.2014. His daughter-Geeta has narrated the incident. Thereafter, he received a telephone call of the accused on 06.06.2014 that his daughter has committed suicide. He lodged first information report. He was cross examined. 9. PW-2 Basanti Devi is mother of the deceased. She testified that she knew the accused. The marriage of her elder daughter was solemnized with accused eight years back. The accused enticed and took away her younger daughter. The marriage of her younger daughter was solemnized with the accused after three months. Her daughter used to complain that she was harassed for bringing insufficient dowry. 10. PW-3 Asha Devi is the sister of the deceased. She testified that she stayed with her husband (accused) at Gwadi. He forcibly took away her sister Geeta. Thereafter, the marriage of the accused was solemnized with Geeta. 11. PW-4 Balwant Singh is Revenue Sub Inspector. He testified that on 06.06.2014, a first information report was lodged by the PW1 Himmat Singh. 12. PW-5 Dr. J.S. Nabiyal is a material witness. He has conducted the post mortem on 07.06.2014. He prepared post mortem report. He deposed that there was a fracture of cervical vertebrae. Deceased has died due asphyxia as a result of ante-mortem hanging. According to the post mortem report, there was ligature mark of 23 cm x 4 cm. on the right side of neck of deceased. The colour of ligature mark was Bluish reddish. 13. PW-6 Digar Singh Mahra, Nayab Tehsildar is the Investigating Officer of the matter. 14. Prosecution has duly proved that accused has forcibly taken away the deceased-Geeta. The accused used to harass and torture the deceased. The marriage of accused was solemnized with the deceased. It has come in the statement of the PW-1 Himmat Singh that accused used to beat his daughter. He also received telephone call of his daughter before two days of her death that she was beaten up and harassed by the accused for bringing insufficient dowry. 15. PW-2 Basanti Devi, the mother of the deceased has also corroborated the statement of PW-1. He also received telephone call of his daughter before two days of her death that she was beaten up and harassed by the accused for bringing insufficient dowry. 15. PW-2 Basanti Devi, the mother of the deceased has also corroborated the statement of PW-1. She has categorically stated that accused and his family members used to harass her daughter. PW-3 is the sister of deceased. She has also deposed that accused used to harass the deceased for bringing insufficient dowry. 16. According to medical report, the death of the deceased was due to asphyxia as a result of ante-mortem hanging. Her cervical vertebrae was fractured. PW-5 Dr. J.S. Nabiyal has noticed ligature mark on right side back of the neck. PW-5 Dr. Nabiyal has duly proved the post mortem report. 17. Accused has instigated/abetted the suicide of the deceased. The prosecution has proved the charges against the accused beyond reasonable doubt. 18. Accordingly, there is no force in this appeal and the same is hereby dismissed. Accused is in jail. He shall serve out the sentence so imposed against him by the trial court. 19. Let a copy of this judgment with lower court record be transmitted to the court below.