The main legal point established is the requirement for the prosecution to prove charges beyond reasonable doubt, especially in cases involving abetment of suicide.

[Per: Hon. Prafulla C. Pant, J.]

This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 16-04-1993, passed by learned Sessions Judge, Tehri Garhwal, in Sessions trial No. 24 of 1989, whereby accused/appellants Ranvir Singh and Jaibir Singh have been convicted under section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sentenced to imprisonment for life under Section 302 of I.P.C. Accused/appellant No.1 Ranvir Singh is further convicted and sentenced to rigorous imprisonment for a period of three years under Section 498-Aof I.P.C.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story, in brief, is that Smt. Sushila Devi (deceased) was married to accused/appellants Ranvir Singh for some more than two years before the date of incident. In the intervening night of 22nd and 23rd of January 1989, dead body of Sushila Devi was found hanging from a branch of tree in the jungle near Village Kyari, Patti Paligarh, District Tehri Garhwal. Prosecution case is that after marriage accused/appellants Ranvir Singh used to harass his wife Sushila Devi for non fulfillment of demand of dowry and committed mental and physical cruelty against her. Suman Singh (P.W.6) sighted the dead body hanging from a tree and immediately informed the Village Pradhan Ami Chand (P.w.3) on 23-01-1989. On the same day, Ami Chand made a report (Ext. A-1) to the Patti Patwari Paligarh, in which he has stated that the deceased appears to have committed suicide. [In the interior hills of Uttarakhand, certain Revenue Officials are given police powers, under U.P. Government Notification No. 494/ VIII-418 - 16 dated 7th March 1916]. Thereafter, on the next day, i.e. 24-01-1989, Patwari went to the spot, got the dead body brought down on the ground, prepared the inquest report (Ext.A-11). At the time of preparing the inquest report it was found that there were some ante mortem injuries visible on the body of the deceased, as such, it was suspected that body of the deceased might have been hanged after causing injuries to her. On that very day, Balbir Singh (P.W.4), brother of the deceased, who was also present at the time of preparation of the inquest report gave first information report (Ext. A -2) to the Patwari alleging that his sister was subjected to cruelty for non-fulfillment of demand of dowry and she has been murdered by her husband and in-laws. On the basis of said report Padam Singh (P.W. 10), Patwari of the area, registered crime No. 01 of 1989, against accused/appellants Ranvir Singh, his brother Jaibir Singh, his father Shyam Chand and mother Jagdei, relating to offences punishable under Section 304-B, 498-Aand 201 of I.P.C. and one relating to office punishable under Section 4/6 of the Dowry Prohibition Act, 1961. He started the investigation and interrogated the witnesses. At the time of preparing the inquest report the aforesaid Patwari also prepared sketch of the dead body (Ext. A -12); police form No. 13 (Ext. A -13) and site plan (Ext. A -14). He got sent the dead body of Sushila Devi in a sealed cover for postmortem examination. The postmortem examination was conducted on 25-01-1989, at 10:30 A.M., by team of two Medical Officers, namely Dr. R.K. Pant (PW.7) and one Dr. S.S. Rawat. They noticed some ante mortem injuries on the body and ligature mark around the neck. The two Medical Officers gave opinion that cause of death was asphyxia due to hanging. Meanwhile, it appears that Iftikharuddin (PW.9), who was Sub Divisional Magistrate of Tehri, also made enquiries, and recorded the statements of the accused under Section 164 of Cr.P.C. The investigation which was being conducted by Patwari, was transferred to Bal Krishna Badoni (P.W.11) Naib Tehsildar, who after completing the investigation, submitted charge sheet (Ext. A -19)