RAM BAHADUR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Is a criminal Appeal preferred by appellant Ram Bahadur against the judgment and order dated 18 -01 -1991 passed by the Sessions Judge, Dehradun in S.T. No. 16/1990 by which he convicted the appellant u/s 302 I.P.C. and sentenced him for life imprisonment.

(2.) THE facts, in brief, are that Smt. Dhillo deceased was married to the appellant. The appellant used to ill -treat her and threatened her to kill. Due to danger of her life from the appellant, the deceased was not ready to go to her in laws. On 3 -10 -1989 at about 8 p.m. Sher Bahadur (P.W.1) uncle, Tankiya (P.W.2) brother, Smt. Amrita (P.W.3) mother and Mani Ram (P.W.5) father of the deceased Smt. Dhillo and she herself were taking meals. The appellant armed with a gun came there and from the door of the room opened fire on his wife Smt. Dhillo. The fire arm shot hit In the region of the face of Smt. Dhillo and due to injury she died spontaneously. The appellant was chased but he got successful in escaping.

(3.) SHER Bahadur (PW1) uncle of deceased and real brother of Mani Ram (PW4) lodged written report (Ex.Ka -1) at Patwari patti Barontha, Tehsil Chakrata, district Dehradun on 5 -10 -1989 at 5.30 p.m. On the basis of written report (Ex.Ka -1) chik report (Ex.Ka -4l was prepared and a case u/s 302 IPC was registered. The Investigation of case was taken by patwari of the area Chanchal Singh (P.W.7). He visited the place of occurrence and prepared site plan (Ex.Ka5), Panchayatnama (Ex.Ka -2), Sketch of the body (Ex.Ka -6), sample of seal (Ex. Ka -7) and Challan Lash (Ex. Ka -9). The Investigating Officer took in possession blood stained earth and simple earth from the place of occurrence and prepared recovery memo Ex.Ka -l0 .