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2014 Supreme(SC) 895

KURIAN JOSEPH, A.M.SAPRE
Vijay Pal Singh – Appellant
Versus
State of Uttarakhand – Respondent


JUDGMENT

Kurian, J.

1. The appellants faced trial before the IIIrd Additional Sessions Judge, Nainital, Camp Haldwani in Sessions Trial No. 281 of 1991 for offences punishable under Section 302 read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’), Section 304B read with Section 34 of IPC, Section 498A of IPC and Section 201 of IPC. Sessions court acquitted all of them; but in appeal by the State, the High Court convicted them under Section 304B read with Section 34 of IPC, Section 498A of IPC and Section 201 of IPC and sentenced them for seven years rigorous imprisonment, two years rigorous imprisonment with fine of Rs.2,000/- and one year rigorous imprisonment, respectively, for each of them. Hence, this appeal.

2. It is the prosecution case that the marriage between the second appellant-Narendra Singh-son of the first appellant-Vijay Pal Singh and the deceased Saroj daughter of Ramesh Singh took place on 10.02.1991. PW-1 was informed on 25.05.1991, by the first appellant-Vijay Pal Singh through his son Rakesh Singh that Saroj was found missing from the intervening night of 23/24th May, 1991. This information, PW-1 received around 08.00 a.m. o





























































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