KHIM RAM Vs. STATE

JUDGEMENT

(1.) PRESENT ap­peal has been filed against the judgment and order dated 23.6.1989, passed by the Sessions Judge, Pithoragarh convicting the accused-ap­pellant for the offence punishable un­der sections 302, 394 and 201 I.PC. and sentencing him to undergo imprisonment for life under section. 302 I.PC., four years rigorous impris­onment and a fine of Rs. 1,000/- un­der section 394 I.PC. and a fine of Rs. 1,000/- for the offence punishable un­der section 201 I.PC. In default of payment of fine under section 394 I.PC. the accused was further sentenced to un­dergo rigorous. imprisonment for six months and in default of payment of fine imposed under section 201 I.PC. accused was further sentenced to undergo rigor­ous imprisonment for four months.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that on 31.8.1988 at morning Smt. Kituri Devi had gone to the forest for cutting fuel wood but she did not return till next day. Her husband contacted the villag­ers and hectic search was made. In the search, dead-body of Smt. Kituri was found lying in a Nala in the jungle of Ban Panchayat. Her body was covered by leaves and branches of the tree. Her ornaments were also found missing.

(3.) ACCUSED Khim Ram was arrested and on his pointing out Guloband Ex. 8, Bariath Ex. 7, blood stained Baniyan Ex. 9, Shirt Ex.10 and Pant Ex. 11 were recovered from his house. One Munara (Ex. 12) was sold by the ac­cused to co-accused Ratan Ram, which was recovered from his possession. Another Munara was deposited by the accused with Johar Singh (PW4) He also prepared recovery memo of Guloband Ex. Ka-6, memo of recovery of clothes of the accused Ex. Ka-7, re­covery memo .of Munara Ex. Ka-9 and Ka-12. After completing the investiga­tion he submitted charge sheet Ex. Ka­18 against accused Khim Ram, Ratan Ram and Chandra Ram.