MOHAN SINGH SAHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the convict through the Superintendent, District Jail, Haridwar against the judgment and order dated 22.08.2012, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 01 of 2011 whereby said court has convicted accused/appellant Mohan Singh Sahi under section 302 of IPC and sentenced him to imprisonment for life, and directed to pay fine of Rs. 10,000/-, in default of payment of fine the convict shall undergo simple imprisonment for a further period of six months. The appellant has been further convicted under section 506 I.P.C. sentencing him to undergo rigorous imprisonment for two years.

(2.) On 13.11.2010 F.I.R. was lodged by the brother of the deceased at Police Station, Kotwali Pithoragarh that on 12.11.2010 his sister Gita was brutally beaten by her husband, Mohan Singh between 09:00 P.M. to 11:00 P.M., due to which she died. The incident was witnessed by her eleven year 2 daughter Nitu and eight year son Ajay. Due to threat given by their father, the children could not cry. F.I.R. no. 66 of 2010 was registered against accused Mohan Singh Sahi relating to offences punishable under sections 302, 506 IPC. P.W.7 Inspector Pooran Singh Bhatt investigated the matter. Statement of the daughter of the deceased was also recorded under section 164 Cr.P.C. After investigating the matter, Investigating Officer P.W.7 submitted charge sheet against accused Mohan Singh Sahi for his trial in respect of offence punishable under sections 302, 506 IPC.

(3.) During trial the prosecution got examined P.W.1 Km. Namita Sahi @ Nitu (eye witness), P.W.2 Jitendra Singh (brother of the deceased), P.W.3 Dr. Jai Raj Singh Naviyal (who conducted post mortem examination), P.W.4 Raghuveer Singh Sahi (Jaith of the deceased), P.W.5 Anandmal (neighbourer), P.W.6 Shri Dinesh Chandra Pandey (Ex-Pradhan of village), P.W.7 Shri Pooran Chandra Bhatt (who investigated the matter), P.W.8 R.P. Kohli (Sub Inspector), P.W.9 Ravindra Kumar Kaushal (Sub Inspector). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he (Mohan Singh Sahi) pleaded that evidence adduced against him is false. He got himself examined as D.W.1. The trial court after hearing the parties found that prosecution has successfully proved charge of offence punishable under sections 302, 506 IPC, against accused Mohan Singh Sahi and convicted him accordingly under section 302, 506 IPC. After hearing on sentence, the court convicted accused/appellant as mentioned above.