SAIN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this appeal, the appellant Sain Singh has challenged the judgment and order 12.3.2010, passed by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 37/2008. By the said judgment and order, the appellant has been held guilty of the offence under Section 302 IPC and has been sentenced to imprisonment for life nay a fine of rupees five thousand.

(2.) Prosecution story, in brief, is that Smt. Deepa Devi lodged a First Information Report (Ex. Ka-1) on 16.7.2008 against her father-in-law Sain Singh (appellant). The informant alleged in the said FIR that on 16.7.2008, at about 9.30 O'clock in the morning, her mother-in-law Smt. Sukkhi Devi (deceased, who was the wife of the accused appellant) was working along with Smt. Vimla Devi, Smt. Krishna Devi and Smt. Phulo Devi in the paddy field of one Kanak Singh. At that very time, Sain Singh, who was armed with a sickle, came in the said paddy field and assaulted his wife Smt. Sukkhi Devi in her neck with the sickle with intention to kill her. Smt. Sukkhi Devi was taken to the hospital. However, she succumbed to the assault and was declared dead in the hospital. The informant has further alleged in the report that her father-in-law (accused) used to unnecessarily beat her mother-in-law and he also used to doubt on her character. It is for this reason that the accused committed the incident. The informant has also averred that the women working along with her mother-in-law had witnessed the said incident.

(3.) Criminal justice machinery came into motion. Crime No. 1283/2008, under Section 302 IPC, was registered against the accused in the Kotdwar Police Station. Inquest report Ex. Ka-2 was prepared on the date of incident itself by PW3 Sub Inspector (Police) BVS Negi. At 4.15 PM on the same day, the autopsy was conducted in the Government Combined Hospital, Kotdwar by Dr. R.P. Khanduri. Investigation of the case entrusted to PW4 Senior SI MMS Bisht. During the course of investigation, he inspected the spot and prepared the site plan Ex. Ka-10. The accused was arrested in the evening of 16.7.2008 and on the same day, the sickle was recovered on the pointing out of the accused. Memo of recovery is Ex. Ka-12. After completion of the investigation, chargesheet Ex. Ka-16 was filed against the accused for the offence punishable under Section 302 IPC. Learned Sessions Judge, accordingly, framed the charge. The accused denied his complicity in the crime and claimed trial.