DARSHAN LAL Vs. STATE

JUDGEMENT

(1.) Appellant Darshan Lal was arrested on 22-2-1995 in FIR No. 2/1995, dated 19-2-1995, of Patwari Circle Girsha, District Chamoli and after investigation charged for the offence punishable under Section 302 of the Indian Penal Code in Sessions Trial No. 14 of 1995 by the Sessions Judge, Chamoli. After completion of the trial, appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- (one thousand).

(2.) Not satisfied with his conviction and sentence appellant preferred this appeal from jail.

(3.) Appellant was married to witness Smt. Darshani Devi (P.W.4). Their residential house is in village Uttaron of aforesaid Patwari Circle. Bala Lal deceased aged about 13-14 years was brother of appellant's wife. Bala Lal a student of class-VI was residing with the appellant. Smt. Panna Devi (P.W.2), the elder sister of Smt. Darshani Devi and Km. Prabha, aged about 12 years, niece of the appellant, were also residing with the appellant and his wife. In the night between 17/18th February, 1995, the wife of the appellant was away to her parents house in village Bhikona, of Patwari Circle, Pokhari and as such the appellant, Bala Lal deceased, Smt. Panna Devi and Km. Prabha were the occupants of the house during the said night. These facts are not in dispute.