SUNDAR RAM Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) Learned counsel for the parties are ready to argue the appeal finally, instead of arguing the second bail application. Present appeal is filed assailing the judgment and order dated 27.08.2012 passed by learned Sessions Judge, Almora in Session Trial No. 22 of 2011, whereby the appellant was held guilty for the offence punishable under Section 302 of IPC and was sentenced to undergo life imprisonment and to pay fine of rupees one thousand, in default of fine, to serve out additional one month's simple imprisonment.

(2.) Brief facts of the present case inter alia are that Smt. Deoki Devi (PW1) lodged the FIR (Ex.Ka-1) before the Revenue Sub-Inspector, Khetra Malli Mirai, District Almora, stating therein that her daughter Kaushalya Devi was married with the accused-appellant Sundar Ram, S/o Dhan Ram, R/o Village Mirai; The marriage was solemnized about ten years before the incident; from the wedlock, they were having three children; on 30.05.2011 at 4:30 PM. Deoki Devi (PW1) and Ganga Devi (PW2) went to the house of Smt. Kaushalya Devi (deceased); appellant came to his house and thrown her younger daughter Ganga out of house and started thrashing his wife (deceased Kaushalya Devi). PW1 2 and PW2 left the house of deceased and remained in the forest through out the night due to fear and in the next morning, went to their village Khari; after one hour, she was informed about the death of her daughter by Pradhan of Talli Mirai.

(3.) Post-mortem was conducted on the dead body of Kaushalya Devi on 01.06.2011. As per post-mortem report following was observed:-