MANOHAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 15-3-2003, passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 3 of 2002, State v. Manohar Singh, convicting the accused -appellant Manohar Singh for the offence punishable under Section 302 I. P. C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Briefly stated the facts giving rise to the present appeal are that Chandra Singh Mahar submitted a written report Ex. Ka-1, on 30-7-1998 at 3.10 PM at Police Station, Kotwali.Pithoragrah, alleging therein that on 27-7-1998 at about 8.00 PM, at village Notas, Patti Dungari Pant, District Pithoragarh, accused Manohar Singh set ablaze his wife Smt. Neema Devi due to which she died on 29-7-1998 at Military Hospital, Pithoragarh. On the basis of written report check F. I. R. Ex. ka-9 was prepared and a case under Section 304-B I. P. C. was registered against the accused.

(3.) S.I.Banshidhar Sharma at the relevant time was posted at Police Station, Kotwali, Pithoragarh. He received a memo from Manoj Kumar D. R, of Military Hospital on 30-7-1998 regarding the death of Smt. Neema Devi by burn injuries. On the same day Chandra Singh has also submitted report in the Police Station regarding murder of his sister Neema. S. I. Banshidhar Sharma went to mortuary and held inquest on the dead body of Smt. Neema Devi which is Ex. ka-3 on record. He prepared letter to C. M. S. for post mortem Ex. ka-14, Chalanlash Ex. ka-15 and photolash Ex. ka-16. The occurrence took place within the jurisdiction of Revenue Police, therefore, the case was transferred to Naib Tehsildar who directed Patwari Rai Agar to conduct investigation of the case.