NARENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the convicts have preferred this jail appeal against the judgment and order dated 4.2.2011 rendered by learned Sessions Judge, Almora in Sessions Trial No.33 of 2009, State Vs. Narendra Singh & another. The said trial was adjudicated by the court below, who found both of them guilty for the offence under section 302/120-B as well as u/s 316 read with section 34 of the Indian Penal Code. They have appropriately been sentenced by the learned Judge. The said trial pertains to Patwari Circle Sahron, District Almora.

(2.) The theme of prosecution story, emerging out from the first information report dated 1.6.2009, is that deceased Smt. Prema Devi, a young lady in her early twenties, was the wife of Narendra Singh (A-1). Co-accused Khasti Devi (A-2) was the cousin sister of father of A-1. In that way, they were inter-related to each other residing in close vicinity of the same village. A-1 developed illicit affiliations and inclinations towards A-2. In the morning of 29th May, 2009, Prema Devi was found dead in her house which was at the ground floor. On the first floor, Rajendra Singh (PW3), father-in-law of deceased, along with his younger son Ravindra Singh (PW4), used to reside, while in the ground floor, deceased Prema Devi resided along with her husband A-1. She was in the veryadvance stage of her family way and almost one month later to the incident, her delivery was due.

(3.) In the morning of that day (29.05.2009), some foul smell was noticed by PW4 emanating from the room located in the ground floor of the house where the deceased resided with her husband. So he (PW4) informed his father regarding such smell. The father (PW3) went to fetch PW2 Harish Singh (the husband of village Pradhan) and the room, where the occurrence took place, was opened in his presence. On entering the room Prema Devi was found dead; her dead body was lying on a cot and A-1 was found absconded from the spot. PW4 Ravindra Singh went in search of his brother A who was found in the house of A-2. A-1 directed his brother (PW4) not to disclose the things to anyone further. Between the legs of deceased Prema Devi, a newly born baby (age assessed in the post-mortem only eight months) was found dead. The navel cord had come out from the body of Prema Devi in such a way that it was tying the throat of the baby.