KHIM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment and order of conviction dated 30 -03 -1988, passed by the Sessions Judge, Almora, in Sessions Trial No. 54 of 1987, State Vs. Khim Singh, whereby the accused -appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) BRIEF facts, giving rise to the present appeal, as emerging from the material on record, are that accused Khim Singh was in service out side his village Simgari, but for the last 4 -5 years prior to the occurrence, he used to work as labourer. He has a residential house, in which he was residing along with his wife Himuli Devi (the deceased). Adjacent to the house of the accused Khim Singh, there is a house of his real brother Lachham Singh, who lived there with his wife. The mother of the accused, Smt. Manuli Devi, (PW1) also used to reside in the house of her son Lachham Singh. The wife of the accused, Himuli Devi, was a short tempered woman and she often quarreled with the accused. It was suspected in the village that Himuli Devi was a woman of loose character hence on that count, the accused was not in amicable terms with her and they often had altercation between themselves. On the fateful day, I.e. on 17 -7 -1987 also, in late hours of evening, there was a quarrel between the two and early in the morning of 18th July, 1987, one Bahadur Singh, a resident of village Simgari, who was passing by the house of the accused, found that the door of the house was closed. He opened the door and went inside. He then found Himuli Devi lying dead. On hue and cry raised by him, PW1 Manuli Devi also came on the spot. Bahadur Singh called the Sabhapati of the village, Bachi Singh (PW. 4). There they saw that Himuli Devi was having injuries on her body and she,was dead.

(3.) BACH ! Singh (PW 4) prepared a written report (Ext. Ka -1) to the effect that in the night of 17 -7 -1987, Smt. Himuli Devi was done to death by the accused and the investigation of the case be conducted. This report was handed over to one Kishan Singh for being delivered to the Patwari. On receipt of the written report, Patwari Simgari prepared Check F.I.R. (Ext. Ka -3) and registered a case under Section 302 I.P.C. against the accused. The investigation was taken up by the Patwarl. He came to the house of Bachi Singh and recorded his statement. Patwari then proceeded to the house of the accused accompanied by PW 4 Bachi Singh, where he found Himuli Devi lying dead inside the house. The dead body of the deceased was taken into custody and the inquest report Ext. Ka -4 was prepared and the body was sealed and sent for Post Mortem Examination along with a letter of request for conducting post mortem. The blood -stained clothes of the deceased were taken and sealed vide memo Ext. Ka -7. Patwari inspected the place of occurrence and prepared the site plan, Ext. Ka -8. Khim Singh was present at the spot. He was arrested vide arrest memo Ext. Ka -9. Then, on the pointing out of the accused, a blood -stained Kulhari (axe) was recovered from inside the house and Fard Ext. Ka -2 was prepared in respect thereof. The Patwari handed over the sealed articles to the peon vide Fard Ext. Ka -l0. The statements of Smt. Manuli Devi and Khimuli Devi were recorded. Patwari also recorded the statements of other witnesses including Joga Singh.