BIJENDRA PRASAD Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment and order dated 6.7.1993. passed by Sri Krishan Kumar, the then Sessions Judge, Pauri Garhwal, in Sessions Trial No. 28 of 1992, convicting the accused appellant Bijendra Prasad under section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) BCIEF 1y stated the prosecution case is that complainant Ramesh Chandra filed a report at Patwari Chawki Dhangu Malla -II, District Pauri Garhwal, alleging therein that Smt. Anita Devi was residing in the house of the complainant as tenant with her husband Bijendra Prasad. On 5.6.1990 at 9.00 AM she informed the complainant that her husband had murdered her 1 1/2 years old son. Complainant Ramesh Chandra with the help of other villagers had caught hold the accused and tied him with a pillar. On the basis of written report a case was registered against the accused and investigation was conducted by Sri Shiv Lal, Patwari. The Investigating Officer visited the place of occurrence and held inquest. He sent the dead body for post mortem examination. He recorded the statements of the witnesses and after completing all formalities, submitted charge sheet Ex.ka -11 against the accused appellant.

(3.) ACCUSED was committed to the Court of Sessions. Charge for the offence punishable under section 302 of the Indian Penal Code was framed against him. The accused pleaded not guilty and claimed to be tried.