RUMALI DEVI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These two appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) are directed against judgment and order dated 26.05.2006 passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 27 of 2005, whereby the said court has convicted accused/appellants Suresh Singh Panwar and Rumali Devi on the charge of offences punishable under Section 302 IPC read with Section 34 IPC and sentenced each one of the two to imprisonment for life, and also directed to pay fine of 5,000/ -. Accused appellant Suresh Singh Panwar has been further convicted under Section 323 IPC and sentenced to him rigorous imprisonment for a period of six months.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 09.08.2005 at about 11.00 a.m. PW-1 Mahendra Singh Payal gave a telephonic information at police station Devprayag that his son-in-law Chandra Singh Panwar has been murdered by his brother Suresh Singh Panwar (accused-appellant) and his wife Rumali Devi, in Laser Bazar. The complainant further informed to the police that two brothers had enmity due to interference in the working of Laxmi Panwar (wife of Chandra Singh Panwar) who was a Pradhan of the village. It was also informed by the complainant that the injuries were inflicted by the accused Suresh Singh Panwar, with knife on the person of Chandra Singh Panwar (deceased). On the basis of said telephonic information, check report (exhibit A-14) was prepared at the police station and a crime No. 746 of 2005 was registered against two accused namely Suresh Singh Panwar and his wife Rumali Devi relating to the offence punishable under Section 302 IPC. Investigation was taken up PW-7 Sub Inspector Satya Pal Singh Rana. He got prepared necessary police papers at the spot, after taking into possession of the dead body of the deceased. PW-6 S.I. Puroshattam Prasad prepared inquest report (exhibit A-3) at about 12.15 hours. He further got prepared other necessary papers e.g. the sample of seal (exhibit A-4), police form No. 13 (exhibit A-5), sketch of dead body (exhibit A-6) and letter to Chief Medical Officer (exhibit A-8) requesting for postmortem examination. The postmortem examination was conducted by PW-4 Dr. R.P. Chaudhary on 10.08.2005 who prepared autopsy report (exhibit A-1). The said Medical Officer recorded three incised wounds as ante mortem injuries on the dead body and opined that cause of death of the deceased was shock as result of ante mortem injuries. After interrogating the witnesses, and inspecting the spot, Investigation Officer prepared a site plan (exhibit A-10). Further investigation was conducted by PW-9 S.I. Davendra Singh Rawat. During the investigation both accused were arrested, and knife (exhibit -1) used in the crime, was recovered on pointing out the accused Suresh Singh Panwar. The bloodstained knife, bloodstained soil and bloodstained cloths were sent for chemical analysis. Forensic Science Laboratory, Agra after chemical analysis, reported that the items sent contained human blood. After completion of investigation, Investigating Officer submitted chargesheet (exhibit A-17) against accused appellants Suresh Singh Panwar and Rumali for their trial in respect of offence punishable under Section 302 IPC.