NARAYAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred by the accused/appellant assailing the judgment and order dated 18.04.2013 passed by the Additional Sessions Judge, Nainital in Sessions Trial No. 64 of 2011 whereby sole accused/appellant was held guilty for the offences punishable under Section 302 and 201 IPC and was sentenced to undergo life imprisonment and to pay fine of Rs. 20,000/ - and in default in making payment of fine, to undergo additional simple imprisonment for one year under Section 302 IPC; to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5000/ - and in default in making payment of fine, to undergo simple imprisonment of three months under Section 201 IPC. Brief facts of the present case, inter alia, are that on 21.03.2011 an FIR was got registered with the Police Station Mukteshwar, District Nainital by the PW 2 Smt. Deepa stating therein that in the evening of 26.02.2011, her husband Shri Narayan Singh, accused/ appellant, herein, started beating his father Dhan Singh with shoes; her father -in -law Dhan Singh thereafter died; dead body of Dhan Singh was kept in bathroom for one day and on the next day, it was thrown in the soak pit by the appellant; accused/appellant extended threat to the informant that if she dare to disclose the incident to anyone, she would be set on fire and thereafter, would be thrown in the same soak pit; due to fear of her husband, she did not disclose the incident to anybody; on 18.03.2011, accused/appellant has gone out of the house, therefore, on the next day i.e. 19.03.2011 she came to her parental house and disclosed the entire story to her father PW 3 and thereafter, same story was narrated to Deewan Singh (PW 6) on his mobile phone and thereafter, she along with other villagers came to the police station to lodge the FIR.

(2.) DEAD body of Dhan Singh was recovered from the soak pit on 23.03.2011 and thereafter, post -mortem was conducted on the dead body of Dhan Singh. Having investigated the matter, charge sheet was submitted against the accused/appellant.

(3.) DURING the trial, from the side of prosecution, Gopal Singh PW 1, informant Smt. Deepa PW 2, Doongar Singh - father of Deepa PW 3, Pan Singh PW 4, Dr. Vipin Pant PW 5, Diwan Singh PW 6, Narayan Prakash, Head Constable PW 7, Bheem Bhaskar Sub Inspector PW 8, Narayan Singh SHO PW 9 and Harish Singh Head Constable PW 10 were examined.