SHIVRAJ SINGH AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, filed under Section 374 of Code of Criminal Procedure, 1973, is directed against the judg­ment and order dated 22-08-2003 passed by, learned Sessions Judge, Uttarkashi in Sessions Trial No. 07 of 2002 whereby, appellants Shivraj Singh and Kushal Singh have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for brevity hereinafter the Code) and each one is sentenced to life imprisonment and fine of Rs. 5,000/- and in default of payment of which they shall further undergo six months imprisonment. Kushal Singh is further convicted under Section 307 of the Code and sentenced for seven years rigorous imprisonment and fine of Rs. 2000/- in default of payment of which he shall undergo two months further imprisonment.

(2.) THE prosecution story, in brief is that on 28-05-2002 at about 1:30 A.M. (night) informant, Rajpal Singh (PW.3) on hearing cries from the house of his neighbour Shivraj Singh (appellant) rushed towards his house and saw that appellant Shivraj Singh was assaulting his sister-in-law (his elder brother's wife) Pingla Devi with a sickle. Meanwhile, PW.1, Kamla Devi (injured) also reached on the spot and tried to intervene to stop Shivraj Singh on which Kushal Singh (another appellant) and father of Shivraj Singh caused injuries to Kamla Devi (PW.1) with the sickle. The informant, Rajpal Singh (PW.3) further saw that when appellant Shivraj Singh was assaulting Pingla Devi, his father Kushal Singh was in­stigating him to kill her. Smt. Pingla Devi died of the injuries. Informant­ Rajpal Singh, on the same day i.e. 28-05-2002 wrote a First Information Report (Ext. A. 1) and lodged it with the police station Uttarkashi at about 4:00 A.M. Constable Naveen Chand (PW.8) prepared a check report (Ext. A. 6) and made the entry at serial number 6 on 28-05-2002 in general diary (extract of which is Ext. A. 7). The First Information Report was reg­istered as crime number 49 of 2002 against both the appellants namely, Shivraj Singh and his father Kushal Singh under Section 302, 307, 120­B of the Indian Penal Code. The crime was investigated by senior Sub Inspector, Budhi Lal (PW.9) who, af­ter recording the statements of Naveen Chand (PW.8) and that of Rajpal Singh (PW.3) under Section 161 of the Code, proceeded to the place of occurrence in village Naakuri where he prepared inquest report (Ext. A.2)' of the dead body of Pingla Devi and got it sealed and also pre­pared the challan of dead body (Ext. A.9). He also got prepared letter (Ext. A. 10) to Chief Medical Officer, Uttarkashi for autopsy of the dead body. The Investigating Officer col­lected the blood-stained soil and pre­pared the memo (Ext. A.3). He also prepared site-plan (Ext. A. 12). After the arrest of appellants Shivraj Singh and Kushal Singh, he recovered the heavy sickle used in the crime at the instance of the appellant Shivraj Singh on the same day i.e. 28-05­-2002 and got prepared the recovery memo (Ext.A. 4). Site plan of place of recovery (Ext. A. 13) was also got prepared by the Investigating Officer.

(3.) FROM the medical report (Ext. A.5) read with the statement of P.W. 5, Doctor B.S. Rawat it is clear that Kamla Devi (PW.1) was also medi­cally examined on 28-05-2002 itself at about 6:45 A.M. and on her per­son following injury was found: