NARAYAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 9.7.2010, passed by the Sessions Judge, Almora in Sessions Trial No. 17/2009. By the said judgment and order, the appellant Narayan Singh has been held guilty of the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to a fine of rupees five hundred. However, the appellant has been acquitted of the charge of offence punishable under Section 201 IPC.

(2.) IN the present case, the criminal justice system was set into motion pursuant to the First Information Report (Ex. Ka -1) lodged by Chandan Arya on 9.2.2009. It was stated in the FIR that the dead body of Km. Janki, daughter of Narayan Singh (accused), was lying in the bathroom. Accordingly, Crime No. 1/2009 was registered against unknown person for the offence of Section 302 IPC. Nayab Tehsildar Pan Singh Karki took charge of the investigation. He immediately went at the spot. Dead body of Km. Janki was found lying in the bathroom of the house of accused appellant. It was covered with the firewood. Inquest report (Ex. Ka -5) was prepared on the same day (9.2.2009) by the Investigation Officer (PW7). The Panches collectively opined that the deceased died as a result of excessive injuries suffered in her head. Autopsy was recommended by the Panches.

(3.) ON receiving the report, when the Investigation Officer (PW7) came at the spot on 9.2.2009. 'Kudal' (spade), 'Lathi' and 'Basula' (hatchet), used in commission of crime, were recovered on the same day, i.e. on 9.2.2009, from inside the house of accused. Recovery memo thereof are Ex. Ka -18, Ka -19 and Ka -20 respectively. Bloodstained and plain soil were collected from the spot. Blood smeared clothes of the deceased were also taken into possession vide recovery memo Ex. Ka -11. All these articles were sent for chemical analysis to the Forensic Science Laboratory, Dehradun. On completion of the investigation, chargesheet (Ex.Ka - 22) was submitted against the accused for the offence punishable under Section 302/201 IPC.