PITAMBER THAWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a case of uxoricide.

(2.) The appellant-convict assails his conviction under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to 'Penal Code' for brevity) recorded by the learned Sessions Judge, Pithoragarh in S.T. No.37 of 2008, State v. Pitamber Thawal, and sentenced him to undergo imprisonment for life along with payment of fine of Rs.5,000.00, and in default of payment of fine, to further undergo simple imprisonment of six months.

(3.) The case of the prosecution is that on 2/7/2008 at 6:15 AM, one Prakash Joshi, Block Pramukh, Jajardeval, informed about the death of deceased. On receiving this information, S.I. J.C. Tiwari reached the spot and conducted the inquest proceedings and prepared the inquest report. On the same day, he recovered the slippers, pair of shoes and also took up the clothes of accused. After four days, on 5/7/2008, he arrested the accused. Upon completion of investigation, he submitted the charge-sheet against the convict-appellant. The defence took the plea of simple denial and false accusation on account of previous enmity.