(1.) This criminal jail appeal has been filed by the appellant challenging the judgment and order dated 24.11.2014 passed by the learned Sessions Judge, Chamoli in Session Trial No.24 of 2013 whereby the accused/appellant has been convicted under Sections 302 and 201 of IPC, and has been sentenced for life imprisonment with a fine of Rs.20,000/- (Rupees Twenty Thousand Only) under Section 302 of IPC, and to undergo rigorous imprisonment for a period of three years with a fine of Rs.5,000/- (Rupees Five Thousand Only) under Section 201 of IPC, with default stipulation. All the sentences were directed to run concurrently.
(2.) The crime was committed in a village, in the hills of Uttarakhand, i.e. is in district Chamoli. From the perusal of the records as contained in the first information report and from the evidence on record, what emerges is as follows:-
(3.) At this stage, it must be mentioned that as per the old Government Orders which pertain to the Colonial period in India, relating to North West provinces, in most of the hill areas of the State of Uttarakhand, Police powers have been given to a Revenue Official, who is called a "Patwari". In other words, for all nature of crimes which are reported in a "Patwari" Police Chowki, the investigation is done by a Revenue Official called "Patwari", as was done in the present case.