KISHAN RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellant is one Kishan Ram who has preferred this appeal from jail. He has been convicted u/S. 302, IPC and sentenced to undergo life imprisonment for committing the murder of his wife. He was tried in S.T. No. 37 of 1999 by the Sessions Judge, Pithoragarh, who passed the said judgment on 6-9-2000.

(2.) A short r_m_f relevant facts is necessary. The appellant was residing with his wife and children in village Digara, Patti Bagari, District Pithoragarh. His mother had died 11-12 days before the incident which occurred in between the night of 18/19-4-1999 at his house. It was 12th day of the death of his mother. As per the custom prevailing in hills and the caste of the accused/appellant, it was necessary for some of the neighbours and relations to stay in the night at his house so as to keep away the evil spirits. For that reason, Gopal Ram, P.W. 2, Laxman Singh P.W. 4, Fakir Ram and Diwani Ram had stayed at his house during the intervening night of 18/19-4-1999. The house of the accused appellant consisted of three rooms built on the slope of the terrace of the hill. For some time during the night, the accused-appellant remained with the above named persons in the lowerst room, whereafter he went to the upper room in which his wife and children were also sleeping. At about 2 or 2-30 a.m., the said persons heard the cries of weeping and wailing and some cutting sound. They rushed up to the upper room through wooden stairs and saw the accused having a DAU (cutting weapon) in his hand and assaulting his wife. They also noticed an axe lying nearby. Accused-appellant threatened them of their lives if anybody dared to enter the room. It deferred them from entering the room. Gopal Ram P.W. 2 asked Laxman Singh, P.W. 4, Govind Ram and Bhagwan Ram to go and inform the Pradhan of the village. To prevent the escape of the accused-appellant from the room of occurrence, it was latched from outside. Laxman Singh P.W. 4, Govind Ram and Bhagwan Ram reached the Pradhan Smt. Pushpa Saun, P.W. 2 at about 4 a.m. and informed her about the incident. She came to the scene of occurrence and found that a number of neighbours had collected there, but she was also threatened by the accused that she would be axed if she attempted to enter inside the room and see the dead-body. She wrote down the FIR Ex. Ka. 1 and gave the same to Bhagwan Ram and Govind Ram to take it to the Patwari. She stayed there till the arrival of Patwari. The accused-appellant was apprehended. Weapons of offence i.e. axe and Dau were recovered. The investigation was taken by with the preparation of Panchayatnama, site-plan etc. Burnt clothes were also recovered from the scene of occurrence. The dead body, after being sealed, was sent for post mortem. The statements of witnesses were recorded. Ultimately, the accused appellant was charge-sheeted.

(3.) It may be stated here that post mortem over the dead body of the deceased was conducted by Dr. M. D. Bhatt P.W. 3 on 20-4-1999 at 1-30 p.m. The deceased was about 30 years of age and was of avergage built. Rigor mortis had passed off from the upper and lower extremities. There were also signs of burning of skin. Following ante-mortem injuries were found on her person :