Amar Ram @ Damar Ram v. State of Uttar Pradesh (Now State of Uttarakhand)

murder of his daughter lodged First Information Report on 22.07.1995, with Naib Tehsildar, Pithoragarh. (In Uttarakhand hills certain revenue officials are given police powers). On the basis of said report the revenue police registered Crime No. 02 of 1995, in Patwari Circle Shilling against accused/appellant Amar Ram @ Damar Ram, and his mother Parwati Devi, in respect of offence punishable under section 302 of I.P.C. PW6 Kharak Singh Thagunna Supervisor Kanungo, investigated the crime. Dead body of the Anandi Devi (deceased) was taken into possession by Patwari of the Shilling on 22.07.1995, at 3.30 p.m, and inquest report (Ex-A4) was prepared in the presence of the witnesses. The revenue police further prepared site plan (Ex-A5), sketch of the dead body (Ex-A6), Police Form No. 13 (Ex-A7), sample seal (Ex-A8) and letter (Ex-A9) to Chief Judicial Magistrate, Pithoragarh, requesting for post mortem 4 examination on the dead body of Anandi Devi. PW4 Dr. Hem Chandra Joshi conducted post mortem examination on 23.07.1995, and prepared autopsy report (Ex-A2). The said medical officer recorded as many as 12 ante mortem injuries on the dead body of Anandi Devi and opined that deceased had died of asphyxia due to ante mortem injuries in the neck region. After interrogating the witnesses, and on completion of investigation, the Investigating Officer submitted charge sheet (Ex-A10) against the accused/appellant Amar Ram @ Damar Ram and his mother Parwati Devi, for their trial in respect of offence punishable under section 306 of I.P.C. (4) On receipt of charge sheet, Judicial Magistrate, Pithoragarh, after giving necessary copies to the accused as required under section 207 of Cr.P.C., committed the case to the court of Sessions for trial. Co-accused Parwati Devi said to have died during trial before framing of the charge, as such, the case as against her stood abated. On

29.07.1997, after hearing the parties the then Sessions Judge, Pithoragarh, framed charge of offence punishable under section 306 of I.P.C., against accused/appellant Amar Ram @ Damar Ram 5 who pleaded not guilty and claimed to be tried. On this prosecution got examined PW1Arjun Ram (informant and father of the deceased), PW2 Bheem Ram (brother of the deceased), PW3 Basanti Devi (mother of the deceased), PW4 Dr. Hem Chandra Joshi (who conducted autopsy on dead body of Anandi Devi), PW5 Gyan Singh the then Patwari (who prepared the inquest report) and PW6 Kharak Singh Thagunna Supervisor Kanungo (who investigated the crime). The oral and documentary evidence was put to the accused under section 313 of Cr.P.C., in reply to which the accused Amar Ram pleaded that the evidence adduced against him was false. However, he admitted that he got married to Anandi Devi in the year 1980. He further pleaded that since he had all the three daughters, due to this reason his wife used to remain under depression and she committed suicide by hanging herself from “ KAFAL” tree.

In defence, DW1 Renu aged 13 years (daughter of the accused/deceased) was got examined. After hearing the parties, the trial court found that accused/appellant Amar Ram @ Damar Ram has abetted commission of suicide of his wife Anandi Devi, and convicted him accordingly under section 306 of I.P.C. After hearing on sentence, 6 convict was sentenced to rigorous imprisonment for a period of ten years. Aggrieved by said judgment and order dated 23.06.2000, passed by Learned Sessions Judge Pithoragarh, in Sessions Trial No. 80 of 1995, this appeal was preferred before Allahabad High Court from where it is received by transfer under section 35 of U.P. Reorganization Act 2000 (central Act 29 of 2000), for its disposal. (5) Before further discussion, this Court thinks it just and proper to mention the ante mortem injuries found on dead body of Anandi Devi by PW4 Dr. Hem Chandra Joshi on 23.07.1995, who mentioned the same in autopsy report (Ex-A2).

The ante mortem injuries found on the body of the deceased are being reproduced below :- (i) Ligature mark 11.5 cm x 1.5 cm on the left side of neck below the level of thyroid cartilage of left side and touching the thyroid prominence in center of neck, red and soft. On cut blood clots seen. Echymosis present. 7 (ii) Linear abrasion 0.3 cm transverse on left side of neck parallel and above 1cm of injury no.1. (iii) Ligature mark 8cm x 0.5 cm just above thyroid cartilage extending from the side of injury no.1 to right side neck 3.5 cm below right ear. On cut blood clots seen. (iv) Contusion 5cm x 1cm on left face near angle of mandible. On cut clot seen. (v) Contusion 6cm x 2cm on left face over mandible. On cut clot present. (vi) Linear abrasion on back of right side neck 6cm x 1cm oblique at the level of fourth linear vertebrae upwards upto right martroid process reddish brown. (vii) Abraded contusion 7 cm x 0.5 cm on left thigh lower part on cut blood clots seen.

(viii) Abrasion 1cm x 1 cm on mandible on left thigh anterior side. (ix) Abrasion 6 cm x 0.5 cm on upper part of left leg anterior. 8 (x) Linear abrasion 1.5 cm x 0.25 cm on upper part of right thigh medially 5 cm below leg. (xi) Linear abrasion 0.5 cm x 0.25 cm of right thigh 1 cm above injury no.10. (xii) Abraded contusion 1 cm x 0.5 cm on right lower leg anterior. On cut clots seen. The Medical Officer (PW4) has stated that cause of death of the deceased was asphyxia due to ante mortem injuries in the neck region. He further told that deceased could have died on

21.07.1995 around 8 a.m. The medical evidence on record as mentioned above clearly establishes that deceased was either murdered or committed suicide. Now, this Court has to see whether the deceased committed suicide and if so whether accused/appellant Amar Ram @ Damar Ram abetted commission of suicide by his wife. (6) PW1 Arjun Ram (father of the deceased) has stated that his daughter Anandi Devi (deceased) got married to accused/appellant Amar Ram @ Damar 9 Ram around in the year 1980-82. He further told that on 17.07.1995, his daughter (Anandi Devi) came to his house on the occasion of festival of HARELA. He further told that his daughter (Anandi Devi) told him that her husband was not allowing her to go to her parental house and that the accused threatened her of dire consequences on her return her parental house. This witness (PW1) further narrated that on 27.07.1995, his daughter Anandi Devi left for her husband's house and her mother Basanti Devi (PW3) accompanied her upto Pithoragarh, where she (PW3) purchased some clothes for her daughter.

PW1 Arjun Ram further stated that on 22.07.1995, cousin of the accused/appellant Amar Ram @ Damar Ram came and told that Anandi Devi had died due to vomiting and diarrhoea. The witnesses further told that when he went with his son Bheem Ram's (PW2) in the village of accused, he was told by the mother of the accused that Anandi Devi had gone to ease herself out in the jungle where she might have been beaten by some insect etc. On listening two different versions of cause of death he suspected fowl play and lodged First Information Report (Ex-A1) with Naib Tehsildar Pithoragarh. 10 (7) PW2 Bheem Ram has corroborated the prosecution story as narrated by his father Arjun Ram. For brevity this Court is not reproducing the same story in the judgment narrated by PW2 Bheem Ram. (8) PW3 Basanti Devi (mother of the deceased) has also corroborated the prosecution story as narrated by her husband, PW1 Arjun Ram and her son PW2 Bheem Ram.

For brevity her statement is not being reproduced. (9) From statements of the above three accused it is established on the record that Anandi Devi had gone to her parental house on 17.07.1995, disregarding her husband's desire that she should not go to her parental house. It is also established on the record from the statements of the above three witnesses that on 27.07.1995, Anandi Devi (deceased) went to her husband's village Shilling and she was accompanied by her mother upto Pithoragarh where she (mother of the deceased) purchased clothes for her daughter. On the very next day, Anandi Devi died unnatural death as already 11 discussed above. (10) From the ante mortem injuries mentioned above it is clearly established on the record that the deceased was brutally beaten before she committed suicide. Learned counsel for the appellant argued that while committing suicide the deceased might have swung and in that process she might have suffered injuries from the branches of the tree in which she hanged herself.

However, this does not appear to be natural, or probable, in the facts and circumstances of the case. (11) On behalf of the appellant attention of this court is drawn to the statement of DW1 Renu aged 13 years (daughter of the accused/deceased) who has stated that her mother used to remain under depression as she had no male child, but as rightly observed by the trial court she appears to be under the influence of his father (accused/appellant Amar Ram @ Damar Ram). She was aged 13 years on the day of making her statement in the year 2000. Her mother died in the year 1995, as such, age of this girl must have been eight years when her mother died, and her statement as to the depression of her 12 mother on account of having no male child does not inspire confidence. (12) Having re-appreciated the entire evidence on record, this Court finds that the trial court has rightly convicted the accused/appellant Amar Ram @ Damar Ram under section 306 of I.P.C. (13) On the point of sentence learned counsel for the appellant submitted that the trial court has convicted the maximum sentence provided under section 306 of I.P.C., and some lenient view could have been taken in the matter.