DAULAT CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the convict Daulat Chand against the judgment and order dated 7.7.1999 passed by Sessions Judge, Pithorgarh in Sessions Trial No. 33/1998, State v. Daulat Chand. The trial pertains to PS Jhulaghat for the offence of Section 302 IPC wherefor the charge was levelled against the accused, but the learned Sessions Judge, Pithoragarh on appreciation of the evidence absolved the accused from the said charge of Section 302 IPC, while found him guilty for the offence of Section 304 Part I IPC and sentenced him to undergo ten years rigorous imprisonment.

(2.) The accused was arrested on 14.5.1998 for the charge of assassination of his wife Kamla Chand, aged 28 years. On the fateful intervening night of 12/13.5.1998, Daulat Chand, his wife and their minor daughter of 3 years had retired to their bedroom. The accused had suspicion over the character of his wife, which was the foundation for starting the altercation between the accused and his wife. The same escalated into the quarrel and accused Daulat Chand in the heat of passion gave a blow of axe from its blunt side upon the parietal region of the head of his wife Smt. Kamla Chand. She died at the spot.

(3.) Next morning when she was found dead, it was a subject of commotion in the small village. All inhabitants of the village rushed to the house of incident and a report was lodged by Pradhan Shamu Ram (PW4) of the village on 13.5.1998 wherefor the chick report was registered at 15.45 pm on the same day. Chick report is Ex. A-1. The inquest report was prepared in front of several villagers including Pradhan on 13.5.1998 at 7.15 pm, which is Ex. A-3 and all the witnesses of inquest opined that the deceased died on account of the injuries inflicted on her head.