KAILASH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE appellant calls in question the legality of the judgement rendered on 1 -2 -2002 by the learned Sessions Judge, Pithoragarh in Sessions Trial No. 10 of 2001, whereby the appellant was convicted and sentenced to undergo Rigorous Imprisonment for life under Section 302 I.P.C.

(2.) THE appellant is the cousin brother of informant Ganesh Singh (P.W.2). Deceased Smt. Govindi Devi, the victim of the case, was the wife of the informant. They have got their houses adjacent to each other in village Songaon, Patti Patharkhani Tehsil and District Pithoragarh. The house of witness Ramesh Singh is also adjacent to their house.

(3.) THE prosecution case, as disclosed from the F.I.R. and the evidence, is that on 3 -12 -2000 at about 9:30 A.M. deceased Govindi Devi reprimanded Smt. Bhagirathi Devi, the wife of the appellant for cutting grass from her field. The appellant got displeased on it and went inside his house and came back with an iron pipe of 1 V2 hand length and retorted that he will not now spare the life of Govindi Devi Hearing this Govindi Devi raised alarm and started running from there towards the temple of 'Pichas Devta'. She was chased by the appellant. Seeing this informant Ganesh Singh and Smt. Bhagirathi Devi, the wife of the appellant also followed them. The appellant chased Smt. Govindi Devi upto the temple and on reaching there caught hold of Smt. Govindi Devi and gave iron rod blows on her head. Smt. Govindi Devi sustained head injuries and succumbed to these injuries at the spot of the incident itself. The appellant thereafter seeing the informant and others fled away from there with iron rod. Smt. Leela Devi (P.W.3), daughter -in -law of the informant also reached the place of the incident, after following with informant besides another witness Ramesh Singh, the another relative of the informant.