PURAN CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal under Section 374 of the Code of Criminal Procedure (for short 'Code') against the judgment and order dated 31. 7 .1997 passed by the IInd Addl. Sessions Judge, Nainital in S.T. No. 115/1994 convicting and sentencing the appellant to undergo RI for life Impnsonment, RI for five years and RI for two years under Section 302, 307 & 201 IPC respectively. However, by the said judgment and order accused - Shyama Devi was found not guilty under section 302 & 201 IPC for the charge framed against her and she was acquitted accordingly.

(2.) THE case of the prosecution, in brief, is that Head Constable Kripal Singh (PW -6) and 5.1. Govind Singh Rawat - deceased P.S. Gopeshwar, District Chamoli with a service revolver and cartridge of .38 bore, pair of handcuffs and necessary clothes in their bag reached at Karan -Prayag on 27.7.1993 in search of Ganga Prasad named in connection with a kidnapping of a girl in crime no. 42/ 1993 under section 363/366 IPC. On enquiry being made it was disclosed that Ganga Prasad had gone to Bhimtal, District Nainital. On this information, these police personnel went to Bhimtal, where Ganga Prasad met them. Ganga Prasad told them that he would have the kidnapped girl recovered from his house at Harinagar, Bhimtal. Ganga Prasad took them to Harinagar. Both the police personnel took the night meal in the house of Ganga Prasad. 5.1. Govind Singh Rawat deceased accompanied Ganga Prasad and appellant Puran Chandra to meet the girl at 11.30 PM on 27.7.1993 while the H.C. Kripal Singh (PW -6) remained at the house of Ganga Prasad. Ganga Prasad and appellant Puran Chandra returned to their house at about 1 AM in the night. On query being made by the H.C. Kripal Singh (PW -6), they told him that 5.1. Govind Singh Rawat Is staying with the girl and he also inquired to reach there. When H.C. Kripal Singh (PW -6) alongwith Ganga Prasad and Puran Chandra - appellant reached near the poultry farm adjacent to the house of the appellant, all of a sudden, the appellant Puran Chandra took out a 'Khudal' from the roof of the poultry house whereas Ganga Prasad had already an iron rod in his hand. Looking to the activities of Ganga Prasad and appellant -Puran Chandra, he got suspicious and came back to his room. Both Ganga Prasad and appellant Puran Chandra went inside their house. They again came out from their house and told H.C. Kripal Singh (PW -6) that 5.1. Govind Singh Rawat -deceased had asked him to bring their belongings there. Again H.C. Kripal Singh (PW -6) reached near the poultry farm but again looking to the activities of Ganga Prasad and appellant Puran Chandra, he suspected some foul play and returned to his room and bolted the door from inside. At 2: 20 AM in the night Ganga Prasad and appellant Puran Chandra on one pretext or the another asked the H.C. Kripal Singh (PW -6) to open the door. Ultimately, they forcibly opened the door of the room and wanted to assault H.C. Kripal Singh (PW -6). Somehow the H.C. Kripal Singh (PW -6) escaped from the place of incident. He lodged the FIR at police station Bhimtal on 28.7.1993 at 9:05 AM. Thereafter, D.R. Arya (PW -7) S.H.O. Bhimtal after taking some police personnel along with the H.C. Kripal Singh (PW -6) reached the place of occurrence at village Harinagar. Shyarna Devi was there in the house and at her instance the dead body of the S.I. Govind Singh Rawat -deceased was recovered from the Gadhera. Inquest report (Ex.ka.3) was prepared by Girish Chandra Joshi (PW -3). He also prepared the letters (Ex.ka.4 to Ex.ka.8) for sending the dead body for autopsy, etc. and site plan EX.ka.9. The dead body was sealed at the spot and sent for postmortem. Girish Chandra Joshi (PW3) also recovered burning lamp under the recovery memo EX.ka.11. He also collected the sample of simple earth and blood stained earth from the spot under the recovery memo EX.ka.10. Shyama Devi was arrested at the spot under the recovery memo EX.ka.12. The other part of the investigation was taken by I.O. as usual which culminated into the submission of chargesheet.

(3.) THE charges under section 302, 307 and 201 IPC were framed by the learned Additional Sessions Judge against the appellant Puran Chandra. However, Shyama Devi was found not guilty under section 302 & 201 IPC for the charge framed against her and she was acquitted. Ganga Prasad committed suicide during the investigation as alleged by the prosecution.