DHURAT SINGH ALIAS RAJU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Dhurat Singh, appellant was sent for trial for offence under section 302 IPC for the murder of his uncle Kaur Singh, resident of Khalsi. He was convicted for the above offence and sentenced to life imprisonment with a fine of Rs. 5000/- and in default of payment thereof to further undergo imprisonment for 6 months.

(2.) On 23.11.2001 Kashmiri Devi, daughter of Kaur Singh (deceased) visited her father's house and found his father's cap and a lot of blood in the courtyard. Locks of the both rooms were lying open. She went to Dilchand PW 1 and narrated the above facts. Dilchand immediately accompanied her to the house of Kaur Singh. With the help of a torch they entered into one of the rooms and found dead body of Kaur Singh lying there. Since it was night time complainant Dilchand approached Patwari of Bardogi area on the next day and submitted written application (Exhibit Ka 1). On the basis of written application, First Information Report (Exhibit Ka 4) was registered on 24.11.2001. Patwari reached the spot and conducted spot inspection and prepared Panchayatnama (Exhibit Ka 6). He also prepared site plan and sent the dead body for the postmortem examination. The postmortem of the deceased was conducted on 26.11.2001 at 12.45 p.m. by Dr. Rajesh Shah. During the investigation, Investigating Officer took into possession one iron axe from the spot and recorded statements of witnesses.

(3.) The Investigating Officer recorded the statements of some other witnesses on 1st and 2nd December 2001. The accused was arrested on 02.12.2001 and his statement was also recorded. The blood-stained pant worn by accused was taken into possession vide memo Exhibit Ka 11. The accused was taken to Uttarkashi on 03.12.2001. He was produced before Judicial Magistrate on 4.12.2001 forgetting his statement recorded under Section 164 Cr.P.C. However, it was received by PW 10-Ravindra Maithani on 5.12.2001. On completion of investigation, the accused was charged under section 302 IPC and challan was presented in the court to which the accused pleaded not guilty and claimed to be tried. In order to prove its case prosecution has produced as many as 10 witnesses.