MADAN LAL Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated 3.9.1985, passed by the Sessions Judge, Pauri Garhwal convicting the accused under section 302 read with section 34 Penal Code and section 201 Penal Code and sentencing them to undergo imprisonment for life under section 302/34 Penal Code and three years rigorous imprisonment under section 201 IPC. Both the sentences were made concurrent.

(2.) Brief facts giving rise to the present appeal are that on the basis of written report Ex.ka-1 submitted by the Pradhan, Gram Sabha, Budhgaon, District Pauri Garhwal at Patwari Chauki Talla Badalpur at 8.30 P.M. on 9.8.1984, a case under section 302 Penal Code was registered against the unknown persons. According to the first information report Km. Manju daughter of Bachi Ram, resident of Pipalkara was missing since 5.8.1984 and her dead body was found lying inside the bushes, near 'Ranesha Ki-dhar', on 9.8.1984 at about 3.00 P.M.

(3.) The investigation of the case was conducted by Patti Patwari, Talla Badalpur. He visited the place of occurrence and took the dead body of Km. Manju in his custody and held inquest. He also prepared site plan and sent the dead body for postmortem examination under sealed cover. On 11.8.1984, the dead body was sent to mortuary. Thereafter the Investigating Officer recorded the statement of village Pradhan Sachidanand and Smt. Sateshwari Devi, mother of the deceased on 22.8.1984. He interrogated Smt. Sushila Devi and Laxmi Devi on 23.8.1984 and on the basis of their statements, arrested accused Keshwa Nand and Madan Lal for their houses in the village on the same day. He also took the coat of Keshwva Nand in his custody. Keshwanand also took out a 'Daranti' from his house and handed over it to the Patwari which was alleged to be the weapon of murder. After completing the investigation, charge-sheet was submitted against the accused.