KARAM CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this appeal, the appellant- Karam Chand, assails his conviction under Sec. 302 of the Indian Penal Code, 1860, (hereinafter referred as "the Penal Code" for brevity), and sentence of imprisonment for life recorded by the learned IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Sessions Case No.100 of 2003.

(2.) Shown of unnecessary details, the case of the prosecution is that one Ram Samujh, S/o Shiv Ratan lodged a complaint before the P.S. Jaspur, District Udham Singh Nagar, that his Sant Lal went to the forest on 5/2/2003, at about 7-8 AM, for attending call of nature. But, he did not return from the forest. In the evening, one Bijli informed the informant that his son is lying dead inside the forest. Then they went on the spot where the dead body was lying, found several injuries on his persons. Accordingly, a police case was registered, and investigation of the case was taken up by the Investigating Officer. In course of investigation, he examined witnesses, sent the dead body for post-mortem examination, seized material objects like wearing apperalsof the deceased, and the blood-stained axe on the discovery statement made by the appellant under Sec. 27 of the Indian Evidence Act, 1872 (hereinafter referred to as the "Evidence Act" for brevity), he arrested the accused, and forwarded him to the Court. Upon completion of the investigation, he submitted the charge-sheet under Sec. 302 of the Penal Code against the appellant.

(3.) The defence took the plea of simple denial and false implication by the prosecution.