Bhim Singh & Anr vs State Of Uttarakhand

The facts leading to this appeal are that one Bhim Singh S/o of Govind Singh, resident of Village Naliana in District Nainital got married to Prema Devi (deceased) on 4.5.1997. Appellants Nos.2 & 3, namely Aan Singh and Nain Singh are brothers of Bhim Singh and Appellant No.4, namely Janki Devi is the wife of Aan Singh (appellant No.2 herein). Prema Devi died unnatural death in her in-laws' house on 26.9.1997. Soon after the death of Prema Devi, Pushpa Joshi, Village Pradhan of Jeolikot made a complaint telephonically to Sub-Divisional Magistrate about the unnatural death of Prema Devi. Upon receiving this information, the Magistrate along with Sub- Inspector Shiv Singh Gusain (PW-7) reached the village and took the dead body in their possession and an inquest report was prepared on the same day. Post-mortem examination of the deceased was conducted on the same day at about 4.55 p.m. by Dr. D.K. Joshi (PW-5) and one Dr. H.C. Bhatt who prepared the Autopsy Report. Post-mortem report reveals that there were 90% burn injuries on the body of the deceased. Since the cause of death was not ascertained by the medical officers, therefore, vicera was preserved for chemical examination.

First Information Report was lodged on 27.9.1997 at around 1830 Hrs., at Police Station Jyolikot, Police Station Tallital, District Nainital by one Sri. Birbal Singh Sambhal, inter alia, stating that the marriage of his sister Smt. Prema Devi was solemnized with Bhim Singh son of Govind Singh, in the month of May, 1997 in Village Jyolikot, Nainital. The elder brother of Bhim Singh, namely Aan Singh played the role of mediator in finalizing the marriage. Several items were given in the aforesaid marriage. FIR states that Prema Devi, complainant's sister, told him that when she went to the house of her in-laws after marriage, her husband Bhim Singh, Aan Singh, Nain Singh, all sons of Govind Singh and Smt. Janki Devi wife of Aan Singh, used to taunt and torture her by saying that she had brought nothing in dowry. When she narrated these events to her parents they persuaded Prema and told her to adjust with her family and live with them cordially. Father of the complainant however convinced Prema that he would himself talk to her in-laws and settle things. They went to the house of the in-laws of Prema and tried their best to persuade them, but instead of settling matters, they exhorted to taunting. Consequently, Prema was advised to adjust herself to the situation. Thereafter when she came to her parents' house on the occasion of Rakhi, she told them that Bhim Singh, Aan Singh, Nain Singh and Janki Devi are repeatedly taunting and torturing her. She further told that the elder brother, Aan Singh threatened to insult her before the entire village and pressurised her for getting clothes and other items from her parents' house. On 27.9.1997 the complainant received information that his sister had died due to burning. Upon receiving this information, they immediately went to the house of Prema's in-laws and they found her dead. She was completely burnt. They were told that she had set herself on fire.

The learned counsel appearing for the State of Uttarakhand contended that PW-1 Birbal Singh had categorically stated on oath that marriage of his sister Smt. Prema Devi was solemnized on 7.5.1997 with Bhim Singh. Elder brother of Bhim Singh, Aan Singh, played role of mediator in finalizing the marriage. Loan was taken for marriage. However no demand for dowry was made. But his sister had complained twice that his family was taunting her and demanding dowry. This statement given by PW-1 is fully corroborated by the father of the deceased also. Prosecution counsel also examined PW-3 Trilok Singh the uncle, who said that Bhim Singh and Aan Singh talked about dowry before him and thereupon he expressed his displeasure. The learned counsel also argued that she died after 4 months and some days of her marriage in an unnatural way. Further, it is argued that since there was no mode of transport in the village at night, they could not go to the house of Prema Devi's in-laws on 26.9.1997 and next day when they reached by walking on foot for about 15 km, they came to know that the dead body had been sent to Nainital for post-mortem. Apart from the above witnesses, Smt. Pushpa Joshi, the Gram Pradhan of the Village was produced as PW-4. She stated that the elder-brother Aan Singh came to her and told her that Prema Devi had set herself on fire and thereafter she along with her neighbor, went to their house and saw Prema Devi lying there badly burnt. PW-4 informed Darogaji Gusai Singh about the incident. The learned counsel further stated that PW-5 Dr. D.K. Joshi examined the dead body on 26.9.1997 and in external examination found 90% burn injuries on the body. The deceased had died 6-8 hours prior to examination. Since no cause of death was visible from external examination, therefore, viscera of the deceased was preserved for internal examination. Post-mortem report was prepared by Dr. H.C. Bhatt in which it was stated that he was of the opinion that the deceased was given some toxic substance before her death due to which she died and later on she was burnt. Because no external reason of death was found, the viscera was sent to the State Laboratory for chemical examination and it was found that toxic material was present in the viscera. The counsel for the State, thus, submitted that the accused tried to kill Smt. Prema Devi by giving poisonous substance after torturing her for dowry and when they became apprehensive whether she had died or not, they set her on fire to confirm her death. Thereafter, they informed the Gram Pradhan of the Village that Prema Devi had died due to burning so that the deceased is not able to give her dying declaration.

Thus, the present appeal requires an evaluation and analysis of the circumstantial evidence on record and the statements made in the course of investigation and produced against the accused appellants.