DIGAR SINGH, Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE above three appeals are filed against the judgment and order dated 09.10.2001 passed by Additional Sessions Judge, Pithoragarh in Sessions Trial No. 27 of 2000 vide which accused Appellants have been convicted under Section 302 IPC read with Section 149 IPC and sentenced to undergo life imprisonment each; they have been further convicted under Section 147 IPC and sentenced to undergo two year simple imprisonment each; they have been further convicted under Section 452 IPC and sentenced to undergo seven year imprisonment each; they have also been convicted under Section 120 -B IPC and sentenced to undergo life imprisonment each. However, they have been acquitted of the charge punishable under Section 380 IPC.

(2.) THE criminal law was set in motion on the application moved by Jagat Singh, Pradhan of village Rawalgaon. According to him, he received information on 11.04.2000 in the evening that Maya Devi, wife of Sunder Singh was not seen for the last three days and her house was locked from outside. On this, he went to the house of Maya Devi and found foul smell coming out from her house and therefore, he requested Patwari of the area to investigate the matter. Vide his report (exhibit Ka -1) and first information report (exhibit Ka -4) was registered on 12.04.2000 at 09.00 a.m. Patwari went to the spot and found the house of Maya Devi locked from outside. After breaking the lock, he entered the house and found the naked dead body of Maya Devi lying on the cot. Even all the ornaments on her body were found missing. A string was tied on her neck. Her son Babloo was also found lying dead in the house. Dead bodies of Babloo and Maya Devi were sent for postmortem examination, the postmortem examination reports of Babloo and Maya Devi are exhibit Ka -2 and Ka -3 respectively. Inquest reports Maya Devi and Babloo are exhibit Ka -6 and Ka -7. Sketch of dead bodies of Maya Devi and Babloo are exhibit Ka -8 and exhibit Ka -16. Memo of recovery of blood stained earth and simple earth is exhibit Ka -17. Memo of recovery of blood stained clothes and articles were taken into possession from the house of Maya Devi vide recovery memo Exhibit Ka -18 and Ka -19 which were sent for examination to forensic science lab, the report is exhibit Ka -23. Memo of recovery of bloodstained clothes worn by accused Dhirendra and Jeevan Singh (exhibit Ka -20 and Ka -21). Site plan is exhibit Ka -15.

(3.) IN order to prove it's case, prosecution produced PW1 Jagat Singh, the complainant; PW2 Sarswati Devi wife of Sabal Singh uncle of Sunder Singh (husband of Maya Devi); PW3 Dr. Chandra Mohan Dhami, Medical Officer, District Hospital, who conducted postmortem examination on the dead bodies of Maya Devi and Babloo vide postmortem reports exhibit Ka -2 and Ka -3. PW -4 Kalyan Singh, brother of accused Pooran Singh accused, had last seen all the accused Appellants along with Dhirendra Singh (since deceased) coming out of the house of deceased Maya Devi during the night 09.04.2000; PW5 Santoshi Devi, wife of Dhirendra Singh; PW6 Parwati Devi, wife of Sher Singh and mother of Dhirendra Singh; PW7 Kirti Ballabh, Patwari, who initially conducted the investigation; and PW8 Devendra Singh Negi, Inspector Kotwali Pithoragarh, who took over the investigation with effect from 04.05.2000.