SHIVRAM Vs. STATE

JUDGEMENT

(1.) This appeal preferred by the appellant through jail under Section 374 of Cr.P.C. is directed against the judgment and order dated 13.3.2003 passed by Additional District & Sessions Judge (F.T.C.), Pauri Garhwal, in Sessions Trial No. 20 of 2002, State v. Shiv Ram, whereby accused-appellant Shiv Ram has been convicted under Section 302 I.P.C. and sentenced to undergo life imprisonment.

(2.) Prosecution story in brief is that on 19.2.2002 at about 11.00 a.m. accused Shiv Ram committed murder of Satish Chandra by inflicting injuries with knife on his person with an intention to kill him. The report of the occurrence was got lodged on the written report given by Vidya Dutt, Village Pradhan, Village Dhar Ki Bagdi, Patti Talai. On the basis of written report (Ext.Ka.2) Chick F.I.R. (Ext.Ka.6) was recorded and entry to this effect was made in the General Diary vide Ext.Ka.7. The investigating officer (PW-5) inspected the place of occurrence; prepared the inquest (Ext.Ka.3) of the dead body, and sent it for post mortem examination. He also took in his possession knife, bloodstained earth and simple earth from the place of occurrence and prepared their recovery memo vide Ext.Ka.4. The police arrested accused Shiv Ram, who was got taken into custody by the people present at the spot. The investigating officer has proved Chick F.I.R. (Ext.Ka.6), copy of G.D. (Ext.Ka.7) and site plan (Ext.Ka.8). Later on, the investigation of the case was transferred to PW-6 Trilok Singh Rawat. This investigating officer sent bloodstained earth, knife and wooden patta for chemical examination; report of Chemical Examiner is Ext.Ka.1 on record. The investigating officer recorded the statements of the witnesses and after completing the investigation submitted charge sheet under Section 302 I.P.C. against the accused-appellant.

(3.) After submission of the charge sheet accused-appellant was committed to the court of Sessions and the learned Sessions Judge after hearing the parties framed charge of offence punishable under Section 302 I.P.C. against accused-appellant. The accused pleaded not guilty and claimed to be tried.