GOVIND RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Accused-appellant Govind Ram has been convicted under Section 302 of Indian Penal Code and awarded capital punishment per judgment and order dated 19-10-2000 passed by the then Sessions Judge, Pauri Garhwal in Session Trial No. 58 of 1998 for having committed the murder of his step mother Smt. Pappu Devi at about 7 a.m. on 8-7-1998 in village Naudiyakhet, Patti Bijlot-I, tehsil Dhomakot, district Pauri Garhwal.

(2.) Prosecution case as disclosed in the F.I.R. and from the evidence was that the appellant fatally assaulted his step-mother by wielding Khukhari (dagger) at about 7.00 a.m. on 8-7-1998. Written report, Ext.Ka-1 was lodged at the police station by complainant Prem Lal P.W. 1, the real brother of the appellant and on its basis case was registered and investigation was taken up by Patwari (Revenue-Police) Bhagwan Singh, P.W. 7. It was also the case of the prosecution that in the night intervening 7/8-7-1998 there was night long 'JAGAR" for arousal of supernatural (divine) prowess in a human being and large number of relatives were assembled in the house of the complainant. At about 5.00 a.m. appellant started behaving in an unusual angry and wicked manner. He became violent and started beating the persons present there. Out of fear relatives except the step mother Smt. Pappu Devi left the room. Appellant thereafter started assaulting his step mother by wielding a "Khukhari" and even dragged her towards the field outside the room. As a result of the injuries Smt. Pappu Devi died there at the spot. Appellant even thereafter continued to show anger and violent tendency and started dancing with "Khukhari". After the matter was reported to revenue police and case was registered, Patti Patwari concerned Bhagwan Singh reached at the spot along with others and in view of the unruly behaviour of the appellant, force was used and even gun shot was fired on his legs to overpower and arrest him. Khukhari was seized from the appellant and memo, of arrest and seizure, Ext.Ka.3 and Ext.Ka.2 respectively were prepared on the spot.

(3.) Investigating officer thereafter held inquest on the dead body of Smt. Pappu Devi and prepared inquest report, Ext.Ka.5 and despatched the packed and sealed dead body for postmortem along with relevant documents and challan report, Ext. Ka13. Postmortem on the dead body of the deceased was performed at 4.45 a.m. on 9-7-1998 by Dr. A.K. Gupta, P.W. 5, medical officer, district hospital, Pauri Garhwal. Blood stained and plain earth, blood-stained pant and shirt of the appellant and petticoat and Dhoti of the victim were also seized and these were sent for chemical examination. On completion of the investigation charge-sheet, Ext. Ka-15 was submitted against the appellant on 8-9-1998.