MADAN RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the judgment under appeal, the appellant has been convicted for the offence punishable under Section 302, 394 and 411 the Indian Penal Code (for short IPC) and sentenced for life imprisonment with fine of Rs. 10,000/- under Section 302 IPC and in default of payment of fine, further imprisonment for six months, five years rigorous imprisonment with fine of Rs. 2,000/- under Section 394 IPC and in default of payment of fine, further imprisonment of one month. Further six months imprisonment under Section 411 IPC has been awarded. This appeal has been preferred by the convict through the Jailor, District Jail, Almora.

(2.) On 23.04.2011, P.W.1 Lalit Mohan (complainant) made a written complaint to In-charge Kotwali, District Pithoragarh, with the assertion that his younger brother (PW-4)-Kamal Kishore, while going towards the college for examination, informed him that dead body of Prem Ram S/o late Rami Ram is laying aside the road, adjoining village Hudaiti i.e. the way heading towards Sukholi Village. He informed that someone has killed Prem Ram. When the complainant reached at the spot, he saw that someone has killed Prem Ram by hitting him on his head with a stone. On the basis of said written complaint, an F.I.R. was lodged on 23.04.2011 at 07:30 a.m. in respect of offence punishable under Section 302 I.P.C. against unknown person. Investigation was taken up by P.W.11 S.H.O. D.R. Arya. During investigation, inquest on the dead body of Prem Ram was conducted. The IO took in his possession the samples of blood stained and plain earth from the spot; prepared the site plan and sent the dead body for autopsy. The IO interrogated the witnesses and apprehended the accused. After the accused was arrested, on his pointing out, the IO recovered the bloodstained clothes of the accused and prepared the recovery memo and site plan of the place of recovery. The IO also recovered the looted money and prepared the site plan of the spot at which the witnesses saw the accused last time with the deceased. After satisfying necessary formalities, the Investigating Officer submitted charge sheet against the accused Madan Ram (appellant herein) and Puran Ram, for trial in respect of offences punishable under Sections 302, 394 & 411 I.P.C.

(3.) As a result thereof, the trial commenced, the trial Court framed charge of offence punishable under Section 302/34, 394 and 411 I.P.C. against the accused, who pleaded not guilty and claimed to be tried. The prosecution, in order to prove its case, examined as many as eleven witnesses. The accused/appellant did not produce any evidence in his defence. After considering the evidence on record, the trial Court convicted the appellant as mentioned above.