PURAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) P .C. : Hon'ble Mr. Justice Irshad Hussain, J. -Appellant Puran Singh has been convicted and sentenced to imprisonment for life under Section 302 I.P.C. and R.I for two years under Section 394 I.P.C., per judgment and order dated 18 -9 -1990 passed by the then II Additional Sessions Judge, Nainital in sessions trial No. 316 of 1988.

(2.) BRIEFLY stated the prosecution case was that on 19 -8 -1988 at about 5.30 p.m. appellant entered inside the house of informant Chatur Singh (P.W3) of village Bakarikhoar P.O. Bisht Estate, District Nainital to commit theft. At that time Km. Chanoli Devi deceased resident of village Chopara Dangarh was inside the house of the informant. She had been staying there for the last few days. In order to commit the theft appellant picked up a box from inside the house and wanted to move away from there. He was intercepted by Km. Chanoli Devi, whereupon appellant picked up a sickle kept in the window of the room and dealt its blows on her neck. The blows of sickle received by Km. Chanoli Devi proved fatal as she died instantaneously. At the time of the incident Bahadur Singh (P.W5) the son of the informant was present there at the scene of the accident and he witnessed the incident and raised an alarm. Informant Chatur Singh was working in the field adjoining to his house and he along with others ran toward~ his house and on reaching there saw the appellant moving away with stolen box and blood -stained sickle in one of his hand. The appellant however could not be arrested as he made his escape possible after throwing away the box near the house. Informant thereafter got prepared the written report (Ext.Ka.1) and filed it at Police Out Post Jyolikot of District Nainital where the check F.I.R. (Ext. Ka.6) was prepared and case was registered against the appellant. Investigation of the case was taken up by S.I. A.K. Pandey (P.W7) who held inquest on the dead body and sent it for post mortem which was performed by Dr. H.C. Bhatt (C.W.1) at 11 a.m. on 21.8.19R8.

(3.) THE box picked up by the appellant from the house was seized from near the house vide memo (Ext.Ka.4). The I.O. also attached blood stained and plain earth vide memo, Ext.Ka.3 from inside the room, where the dead body of Km. Chanoli Devi was found lying with injuries. The appellant was arrested on 20 -8 -1988 at 3.10 p.m. and on his disclosure sickle (Ext.1) the weapon of assault was recovered from the bushes at a distance of 5 or 6 paces from guava tree situate at a distance of about 200 meters on the hillock from the house of the informant. On completion of the investigation charge sheet (Ext. Ka.16) was submitted against the appellant on 7 -9 -1988.