LAKHPAT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 04-10-1993 passed by Sessions Judge, Chamoli in S.T. No. 24 of 1992 under Section 302/ 34 LPC., convicting the appellant for the offence under Section 302 and con­victing thereon for life imprisonment.

(2.) THE brief facts of the prosecu­tion case are that on 19-07-1992 Nain Singh Bisht (PW1) Pradhan Gaon Sabha Sartoli received an information that the dead body of Smt. Anandi Devi (hereinafter called `the deceased') wife of accused/appellant - Lakhpat Singh was hanging on a rope in Bhukana Toke area of their village. Nain Singh Bisht (PW.1) lodged the report on 19-07-1992 at 9:00 a.m. stated therein that knees of the dead body were rest on the earth and it ap­pear that the dead body was kept over there by someone after committing murder on 17-07-1992.

(3.) ON the basis of written report Ex.Ka. 2 which was filed by Prem Singh (PW.2), Shashi Prasad Dimari (PW 7) lodged the First Information Report Ex.Ka.4 on 19-07-1992 and registered the case under Sections 302 and 201 I.P.C. against the accused/ap­pellants Lakhpat and co-accused Darwan Singh and Dhoom Singh. Thereafter, the Patwari went to the spot and recovered the dead body alongwith rope etc. The Investigating Officer pre­pared the inquest and inspected the spot and thereafter prepared siteplan of the place where the dead body was recovered. The body was sent for post­mortem after preparing the inquest re­port.