KHIMULI DEVI AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these three appeals are directed against judgment and order dated 08.05.2007, passed by Sessions Judge, Almora, in Sessions Trial No. 31 of 2004, and Sessions Trial No. 29 of 2005, whereby appellants Hari Ram, and Arjun Ram have been convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short IPC). The accused/ appellants Khimuli Devi, and Bhagwati Devi have been convicted under Section 307 read with Section 34 IPC. Each one of the convicts namely Hari Ram, Arjun Ram, has been sentenced to imprisonment for life and also directed to pay fine of Rs. 10,000/ -. Each one of the other two convicts namely Khimuli Devi, and Bhagwati Devi has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 2000/ -.

(2.) Heard Amicus Curiae and learned Counsel for the State.

(3.) Prosecution story in brief is that on 29.03.2004, at about 8:30 P.M., Govind Ram (deceased) and his brother Thakur Ram (P.W.4) were coming back, after doing their daily work to their village Bhanrigair. Prosecution case is that when the two reached near house of Nand Ram, accused/appellants Hari Ram, Arjun Ram, Khimuli Devi (wife of Hari Ram), and Bhagwati Devi alongwith Champa, with common intention, assaulted Govind Ram and Thakur Ram with rods and sickles. Govind Ram died at the spot. Kamla Devi (P.W.2, wife of deceased) reported about the incident to Village Pradhan Rajendra Singh (P.W1). He (P.W.1) prepared first information report (Ex. A1) which was lodged at police station Someshwar on the next day i.e. 30.03.2004. On the basis of said report crime No. 40 of 2004, was registered against the accused Hari Ram, Arjun Ram, Khimuli Devi, and Bhagwati Devi in respect of charge of offences punishable under Section 147, 148, 307, and 302 IPC. Meanwhile, on the telephonic information given to the police outpost Takula, in early hours, on 30.03.2004, dead body of Govind Ram was taken into custody by the police and inquest report (Ex. A7) was prepared. And the same was sent alongwith sample seal for post mortem examination. P.W.5 Dr. Anil Kumar Joshi, who conducted post-mortem examination on the dead body of the deceased Govind Ram, on 30.03.2004, at about 2:45 P.M., (even before the first information report was formally lodged at police station). The Medical Officer found four ante-mortem injuries and opined that cause of death was shock and hemorrhage as a result of ante-mortem head injury. P.W.8 Sub-Inspector Kunwar Singh Rawat, investigated the crime. After interrogating the witnesses and completing investigation, he submitted charge sheets (Ex. A 23 and A24) against the accused Hari Ram, Khimuli Devi, Champa, and Bhagwati Devi, and one against accused/appellant Arjun Ram, for their trial in respect of charge of offences punishable under Section 302, 307, 147, and 148 IPC.