GUDMOHAN Vs. STATE

JUDGEMENT

(1.) THIS Is a criminal appeal against the judgment and order dated 19 -7 -2000 passed by Sri K.P. Nigam, the then Sessions Judge, New Tehri Garhwal in S.T. Na. 5/1999, whereby the learned Sessions Judge has convicted and sentenced the appellant to undergo RI far life imprisonment under section 302 IPC.

(2.) BRIEF facts .of the case are that the deceased -Smt. Sunita Devi was the wife of the appellant -Gudmahan. On 31 -8 -1998 at about 5 AM, appellant came to his elder brother Kushal Singh (PW -2), who was living in the adjourning house and told that his wife -Sunita (deceased) had been killed by someone. Kushal Singh then asked his brother to collect the people from the village. Appellant went in the village and an his return told to his brother that Mr. Sher Singh .of the same village had advised him to lodge report with the Patwari. After saying this, he left the house and thereafter could not be traced. Kushal Singh (PW -2) however lodged the written report (Ex.ka.2) with the Patwarl Chawki Barjula on the same day. On the basis .of written report, check FIR (Ex.ka.6) was prepared and a case was registered against the unknown person under sectian302 IPC vide GD report Na. 32 dated 31 -8 -1998 (Ex.ka.7). Patwari Sri Murari Lal recorded the statement .of complainant - Kushal Singh and immediately went to the village of occurrence and kept the dead body in his supervision. On 1 -9 -1998 he prepared the panchayatnama (Ex.ka.8) of the dead body of the deceased and sent it far autopsy to the Civil Hospital, Tehri. He also prepared the photolash (Ex.ka.9), specimen seal (Ex.ka.10), challan lash (Ex.ka.11) and letter to Medical Officer (Ex.ka.12). He prepared site pian (Ex.ka.13) of the place of occurrence, and handed over the dead body after post mortem examination to the complainant vide supurdaginama EX.ka.14. He also took the sample of blood stained and plain earth from the place where the dead body was lying in the room. On 5 -9 -1998, the Patwari recorded the statements of the children namely Km. Ruchi and master Tara of the appellant. The statement of Km. Ruchi and master Tara were also recorded by Nathi Singh Tomer (PW -7), SDM, Tehri under section 164 of the Code. The appellant could not be arrested till 29 -11 -1998. Thereafter, the investigation was handed over to Sri Magan Singh Negi (PW -9), Inspector Incharge, P.S. Tehri on 29 -11 -1998 from the Patti Patwari. On 30 -11 -1998, he came to know that the appellant was on bail in another case and surrendered in the court after getting his bail cancelled and went to jail. Then, he took the remand of the appellant by moving the application, EX.ka.16 dated 30 -11 -1998 in the court of Chief Judicial Magistrate. The investigation was taken up as usual which culminated into the submission of the charge -sheet against the appellant.

(3.) THE charge under section 302 IPC was framed against the appellant. The accused denied the charge and claimed the trial.