DEEWAN SINGH Vs. STAE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANT Deewan Singh has been convicted and sentenced to, undergo imprisonment for life under section 302 IPC per judgment and order dated 1.2.2001 passed in Ses­sions Trial No. 47 of, 1999 by Sessions Judge, Pithoragarh for having commit­ted murder of his daughter-in-law Smt, Ganga by causing her death by firing shot from his gun at about 1.30 PM. on 9.7.1999 in his house situate within the vicinity of police station Jhoola Ghat, District Pithoragarh.

(2.) FACTUAL matrix of the case is brief. On 9.7.1999 the information of the death of the victim was carried to Hoshiyar Singh PW -1, Village Pradhan who filed written report at the police sta­tion the same day at 8.45 PM. The case under section 302 IPC was registered and investigation was taken up by S.H.O. Lokesh Sharma PW-6 who held inquest on the dead-body, completed relevant formalities of the investigation, made search of the appellant named as the assailant in the FIR but could not succeed till 30.7.1999 when his arrest could be effect and on his instance his licenced gun, Ext. 1, having empty car­tridge in the barrel was recovered vide memo, Ext. Ka-15 and on completion of the investigation chargesheet, Ext. Ka­17, was submitted against him on 24.8.1999.

(3.) APPELLANT in his statement under section 313 of the Code of Criminal Pro­cedure while denying the allegation of commission the murder and also refut­ing the imputations made against his conduct towards the deceased put for­ward a specific defence. He stated that his residential house is situated in a dense forest also inhabited by wild animals. To ward of the animals he always kept his incensed gun loaded. On the day of occurrence at about 1.30 PM. he took his gun on the stairs of the house to have it cleared. The children of the deceased were laying in the house at that time. Appellant went to bring pull through and cleaning oil and told the de­ceased to take care of the weapon. However, one of the child started fon­dling the gun and the deceased went there to keep the gun away from the child. In that process gun went off caus­ing injury of the firearm to the deceased. She fell there dead on the stairs. The appellant gave out that after this inci­dent he summoned the Village Pradhan and sent information to the police about the accidental death. The police came there next day and held inquest on the dead-body but he was arrested by the police on 29th July, when he was going to surrender himself in the Court. He also stated that Ram Chandra is the stock witness of the police. He also stated that his grand-son Sonu was studying in village Shakun itself.