NARAYAN DUTT Vs. STATE

JUDGEMENT

(1.) This Criminal Jail Appeal, arises out against the judgment and order dated 23-8-2008, passed by District and Sessions Judge, Champawat, in S.T.No. 01/2007, State Vs. Narayan Dutt and another, thereby convicting accused Narayan Dutt and Tej Giri U/Ss 302 and 201 I.P.C. and sentencing both of them to undergo Life Imprisonment and a fine of Rs. 10,000/- U/S 302 I.P.C. and in default of payment of fine to further undergo R.I. for one year and R.I. for seven years and a fine of Rs. 5,000/- each U/S 201 I.P.C. and in default of payment of fine to further undergo imprisonment for six months.

(2.) Brief facts of the case giving rise to this appeal are that on 29-08-2006, at about 4p.m. in the fair of Suryakhasti, organized in village Ramak, accused Narayan Dutt and Tej Giri accompanied Dalip Singh son of complainant Bhim Singh. Dalip Singh did not return his home from the above fair and the village people made search of him and found his dead body lying in Pokhari Panchayat. The written report of the occurrence, Ext. Ka.1, was lodged by Bhim Singh at Patwari Circle Mangal Lekh on 3-9-2006 for taking action in the matter.

(3.) Sri Santosh Ram, Patwari started investigation in the case. He, on the basis of written report, prepared chick F.I.R. Ext. Ka.14 and registered a case against the accused persons. He, thereafter visited the place of occurrence and prepared site-plan, Ext. Ka.15. He performed inquest on the dead body and prepared inquest report, Ext. Ka.3, sample seal, Ext. Ka.16, sketch dead body, Ext. Ka.17, Police Form No.13, Ext. Ka.18, letter to C.M.O. Ext. Ka.19, and sent the dead body for post mortem. He also recorded statements of witnesses on various dates. In the meantime he was transferred and the investigation was handed over to Shiv Dutt Joshi, Patwari on 21-9-2006. He arrested the accused Tej Giri on 21-9-2006, vide arrest memo, Ext. Ka.6. He gave information of arrest of accused persons to Sri Ganesh Giri vide memo, Ext. Ka.7. Accused Narayan Dutt was arrested by the I.O. on 10-10-2006 vide arrest memo, Ext. Ka.8 and gave information to the family members of the accused vide memo, Ext. Ka.9. On 11.10.2006 the I.O. got recovered the stone used in the commission of crime at the instance of accused Narayan Dutt from the place of occurrence and prepared recovery memo, Ext. Ka.2. On 27.10.2006 the I.O. wrote letter Ext. Ka.11 to the C.J.M. Champawat for sending the bloodstained and simple earth to the Forensic Laboratory. After completing investigation, the I.O. submitted charge sheet, Ext. Ka.10 against the accused persons.