STATE Vs. RAJENDRA NAUTIYAL

JUDGEMENT

(1.) THIS Government Appeal preferred by the State under Section 378(3) of Cr.P.C. is directed against the judgment and order dated 24.5.1997 passed by Sessions Judge, Pauri Garhwal, in Sessions Trial No. 30 of 1995, State versus Rajendra Nautiyal, whereby accused -respondent has been acquitted of the charge of offence punishable under Section 302 I.P.C.

(2.) PROSECUTION story in brief is that accused Rajendra Nautiyal was married to Smt. Rekha Nautiyal, who is the daughter of Smt. Premwada Naithani (deceased). The accused was working as constable in R.P.S.F. and had come on leave a day prior to this occurrence. There was some quarrel in between husband and wife. The accused was asking for Rs. 20,000/ - from the deceased because she had given Rs. 20,000/ - to the elder brother of the accused, so the accused also wanted that he should be given Rs. 20,000/ -. The accused had demanded Rs. 20,000/ - from the deceased. The deceased had shown her inability, on which the accused got infuriated and attacked the deceased with shovel (Fawrah), as a result of which deceased Smt. Premwada Naithani died on the spot. Thereafter accused tried to assault Smt. Rekha Nautiyal also, who ran away leaving her children and the dead body of her mother on the spot and reached the police station and lodged a F.I.R. (Ext.Ka.1) of this occurrence, on the basis of which a case was registered against the accused and investigation was taken over by S.I. Anil Kumar, who was the then S.O. of P.S. Kotdwara. Immediately he started the investigation, proceeded on the spot, took the dead body of the deceased in his possession, got prepared the Panchayatnama. Other formalities were also got completed. He prepared a site map. Thereafter, while the investigations were in progress, he arrested the accused and after his arrest, the accused on his own produced the 'Fawrah' from which the alleged crime was said to have been committed. All the formalities regarding this recovery were got completed and after completion of the investigation charge sheet was submitted against the accused.

(3.) THE prosecution in order to bring home guilt against the accused got examined as many as 12 witnesses in the case. Out of these 12 witnesses, PW -1 Smt. Rekha Nautiyal is the complainant and alleged eyewitness of the occurrence, who lodged the F.I.R. (Ext.Ka.1) and proved the same. PW -2 Anil Kumar is the neighbour of the deceased and scribe of the F.I.R. PW -3 R. John is the alleged eyewitness of the case. PW -4 S.I. Subhash Chandra Baghel is the witness of Panchayatnama. PW -5 Dr. Vijai Kumar conducted the autopsy on the dead body of the deceased. PW -6 S.I. Ram Pal Singh is the investigating officer who submitted the charge sheet against the accused. PW -7 S.I. Sunil Kumar Singh, S.O. Kotdwari, is the main investigating officer because F.I.R. was lodged in his presence and thereafter he himself had taken over investigation and completed other formalities of the investigation.