HARISH RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the appellant from Jail assailing the judgment and order dtd. 26/4/2016 passed by learned Sessions Judge, Almora in Sessions Trial No.21 of 2015, State vs. Harish Ram, whereby the appellant has been convicted under Sec. 302 IPC and sentenced to undergo life imprisonment with fine of Rs.5,000.00 and, in default of fine, he was sentenced to undergo six months' additional simple imprisonment. The appellant has further been convicted under Sec. 504 IPC and sentenced to undergo two years' rigorous imprisonment with fine of Rs.3,000.00 and, in default of fine, he was sentenced to undergo three months' additional imprisonment. It was directed that all the sentences shall run concurrently.

(2.) The facts of the case in brief are that the first information report (Ext.Ka-1) was lodged by PW2-Smt. Anju Devi, daughter-in-law of the deceased (Dalip Ram) stating therein that on 28/8/2015 at about 5:00 p.m., her father-in-law, Dalip Ram, S/o Prem Ram, Village Harda was sitting in his courtyard near door, appellant-Harish Ram, S/o Fakir Ram, who was her next door neighbour, was abusing his younger brother's wife, Smt. Madhuli Devi, W/o Mangal Ram. At this, father-in-law of the informant intervened and rebuked him as to why he was abusing his sister-in-law near his house, at this, the appellant-Harish Ram asked the father-in-law of the informant that what business he had to do between them. The informant further stated that the appellant-Harish Ram was inimical with her father-in-law since before and with intention, he brought the axe from his house and inflicted a blow at the neck of her father-in-law who died in the said incident. The informant further stated that her sister-in-law-Smt. Pushpa Devi (Jethani) and other neighbours saw the said incident. According to the informant, the said information of the incident was given to the Patwari Nyoli, Tehsil and District Almora, over phone at 06:00 p.m. On the basis of the said information, a first information report was lodged with Police Station Patwari Circle, Nyoli, District Almora on 28/8/2015 at about 06:00 p.m. and the written report was handed over to the Patwari, when he reached on the spot and a Case Crime No.1 of 2015 was registered against the appellant in Patwari Circle, Nyoli, District Almora.

(3.) After registration of the crime, the investigation started, the inquest was drawn upon the dead body of deceased and the same was forwarded for post mortem which was conducted on the body of the deceased on 29/8/2015 at about 02:00 p.m. in the District Hospital. On 29/8/2015, at 11:00 p.m., the accused was arrested and on his pointing out, the bloodstained weapon (axe) used in the crime vide Ext.Ka-3 was recovered from inside his house, and information of arrest was given to his wife-Smt. Neeru Devi, W/o Harish Ram by the Investigating Officer. A recovery memo Ext.Ka-3 of the said weapon was prepared by the Investigating Officer. Apart from it, the Investigating Officer while conducting the investigation took the blood stains earth and plain earth from the place of occurrence and sent the material exhibits for forensic examination.