NARAYAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against the common judgment and order dated 19.05.2005, passed by Addl. Sessions Judge, Udham Singh Nagar, in S.T. No. 31 of 2004, whereby appellants Narayan, Kamal and Jagtar Singh have been convicted under Section 302 and 376 of the Indian Penal Code, 1860 (for short I.P.C.). All of them have been sentenced to undergo imprisonment for life and directed to pay fine of Rs. 5,000/- under Section 302 of I.P.C. and rigorous imprisonment for a period of seven years under Section 376 of I. P.C. Prosecution story, in brief, is that on 28.09.2003, Kundan Singh (informant) lodged a first information report (Ext. Ka-1) with police station Bajpur stating therein that his sister-in-law Smt. Lilawanti, resident of police station Afzalgarh, District Bijnore had informed him over telephone two days prior to the date of incident that she will be arriving to his village by a train which reaches there at 12 O' clock, and she requested him to receive her at Baria Daulat Railway Station. The informant (Kundan Singh) got late on that day and by that time her sister-in-law took a shortcut in order to reach his village. He along with one Subhash Chand took another route. At about 01 :00 P.M., while they were walking alongside the railway line to reach the railway station, they heard shrieks coming from a culvert, on which when they rushed in that direction they saw that Narayan (accused/appellant) along with his two associates were strangulating his sister-in-law with her dupatta. On being challenged by the informant, the three took out country made pistols, and succeeded in fleeing away. When they approached towards Lilawanti they found her undressed below her waist and she was lying dead over the culvert. The wife of the informant and other people also assembled there by that time. On the basis of the written report given by Kundan Singh (P.W. 1), Crime No. 569 of 2003 was registered against Narayan and his two associates, relating to offence punishable under Section 302 of I.P.C. at police station Bajpur. P.W. 6 Sub Inspector Moinuddin took over the investigation and arrested accused Narayan on 29.09.2003. Later, on disclosure of accused Narayan, his two associates Kamal and Jagtar Singh were also arrested. After taking the dead body in their possession, police prepared inquest report (Ext. Ka -9) and other necessary papers, and the dead body was sent in a sealed cover to Chief Medical Officer, Kashipur for postmortem examination. The postmortem examination was conducted by Dr. Madan Mohan (P.W. 3) on 29.09.2003, at 08.20 AM., who prepared autopsy report (Ext. Ka -5) on the very day i.e. 29.09.2003. The Medical Officer found two contusions and one abrasion on the body of the deceased and opined that the deceased had died of asphyxia due to strangulation. After interrogating the witnesses, and on completion of investigation, the Investigating Officer Inspector D. C. Dhondiyal (not examined) submitted charge sheet (Ext. Ka -15) against the three accused Narayan, Kamal and Jagtar Singh, for their trial in respect of offences punishable under Section 302 and 376 of I.P.C.

(2.) The Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of sessions for trial. Learned Addl. Sessions Judge, Udham Singh Nagar on 15.03.2004, after hearing the parties, framed charges for the offences punishable under Section 302 and 376 of I.P.C. against all the three accused. They pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Kundan Singh (informant); P.W. 2 Mahendra Singh; P.W. 3 Dr. Madan Mohan (who conducted the postmortem examination); P.W. 4 Dr. Anil Chandra Sah (Pathologist); P.W. 5 Constable Rishipal Singh and P.W. 6 Sub Inspector Moinuddin (Arresting Officer). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which they alleged the prosecution story to be false. No evidence in defence was adduced on behalf of the accused/appellants. After hearing the parties, the trial court believed the testimony of the eyewitnesses and found that all the three accused were guilty of charges of offences punishable under Section 302 and 376 of I.P.C. After hearing on sentence, all the three accused were sentenced to undergo imprisonment for life and directed to pay fine of Rs. 5,000/- under Section 302 of I.P.C., and rigorous imprisonment for a period of seven years under Section 376 of I.P.C. Aggrieved by said judgment and order dated 19.05.2005, the convicts preferred these two appeals.

(3.) We have heard learned counsel for the appellants, learned Additional Government Advocate for the State and learned counsel for the complainant and perused the entire record.