PINTOO Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal preferred by the appellant from jail is filed assailing the judgment and order dated 8/9/2/2017 passed by learned Additional Sessions Judge, Vikas Nagar, Dehradun in Sessions Trial No.41 of 2015, State of Uttarakhand vs. Pintoo, whereby the Trial Court has convicted the appellant under Sec. 302 IPC and sentenced him to undergo imprisonment for life along with fine of Rs.10,000.00, and in default of payment of fine amount, to undergo six months' additional imprisonment.

(2.) Facts, in nutshell, are that PW1 Gurmeet Singh lodged an FIR with PS Vikas Nagar, Dehradun on 10/11/2014, at 10:15 AM with the averments that on 10/11/2014 at 6:30 AM, he had gone to get milk from a shop, meanwhile, the present appellant entered the informant house and injured his wife Shaloo on her head. The informant in the injured condition took his wife to Kalindi Hospital, where the Doctor declared her dead. On the basis of this FIR, a case was registered against the accused-appellant under Sec. 304 IPC.

(3.) The Investigating Officer conducted the investigation of the case and after doing necessary formalities and arresting the accused, besides recovery of weapon used in the crime, submitted a charge-sheet against the accused (appellant herein) in the court. The Trial Court, finding sufficient grounds, framed charges against the accused under Sec. 304 IPC on 16/5/2015, and in alternative, under Sec. 302 IPC. The accused-appellant denied the charges and claimed to be tried.