MOHD AHSAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment and order passed by the trial court thereby convicting the appellant for the offence punishable under sections 302, 392 and 411 of the Indian Penal Code (in short "IPC") and sentencing him to undergo life imprisonment under section 302 IPC and Rs. 5000/- as fine and in default of payment, he has been ordered to undergo further two year simple imprisonment and further sentencing him to undergo two year rigorous imprisonment under section 392 IPC and Rs. 2000 as fine, and in default of payment, he has been ordered to undergo further six month simple imprisonment. Both the sentences have been ordered to run concurrently.

(2.) The criminal law was set in motion on the written complaint (exhibit Ka-1) submitted by Trilok Singh before Patwari, Patti Madkot. According to complainant, his wife Smt. Kismati Devi and his two sons were living in Modkot. On the occasion of Ashtami, his both sons went to village Paanto and they came back home on 14.04.2008. When they reached their house, they found that the house was bolted from outside. When they went inside the house they found the dead body of their mother lying on the cot. They informed about the incident to the complainant on telephone. When complainant reached his house, he found his wife lying dead and her mangalsutra, ear rings and tilhadi were found missing. On the basis of written complaint (exhibit Ka-1), chick FIR (exhibit Ka- 3) was recorded on 14.04.2008 at 3.00 p.m. The investigation was conducted by Patwari Harish Chandra Pant. He inspected the spot and found studs of some bidi and cigarette, a glass in which country made liquor had been consumed and one bowl, in which some pieces of onion were lying at the spot. Panchayatnama (exhibit Ka-4) and site plan of place of occurrence (exhibit Ka-5) were prepared by him. He recorded the statements of the witnesses and sent the dead body for postmortem. On 16.04.2008, accused appellant was arrested. On interrogation, accused led the Investigating Officer and got recovered the jewellery, which was worn by deceased Kismati Devi from the road side in Jauljivi placed underneath some stones in presence of Manohar Singh, brother of deceased Kismati Devi, which was taken into possession vide memo exhibit Ka-2. The photographs exhibits 12 and 13 of the place wherefrom jewellery articles had been recovered were also taken.

(3.) On completion of the investigation, challan was presented and accused was charge-sheeted for the offence punishable under section 302, 392 and 411 IPC to which he pleaded not guilty and claimed trial.