ANUSUYA PRASAD RATURI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 read with Section 383 of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 1-10-2004 passed by learned Sessions Judge, Chamoli at Gopeshwar, in Sessions trial No. 12 of 2003 whereby, the appellant Anusuya Prasad Raturi has been convicted under Section 302 and under Section 201 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to life imprisonment, and fine of Rs. 5,000/- and three years rigorous imprisonment under the aforesaid two sections respectively.

(2.) The prosecution story, in brief, is that Smt. Kamla Devi (PW-1), wife of the deceased submitted a written report (Ext. A-1) with the police station Chamoli on 25-1-2003 that her husband Bahadur Singh (deceased) was missing since 24-1-2003 after 10.00 a.m. after he went towards forest. The next day on 26-1-2003, Smt. Kamla Devi (informant) lodged a First Information Report (Ext. A-2) with the police station Chamoli stating that dead body of her husband is lying in the bushes near the ridge of village Bachcher of Bugalkodi Dhar Tokk. It was further alleged in said report that Anusuya Prasad Raturi (appellant), son of Trilok Prasad Raturi, who lives in the village of the complainant, after committing murder of Bahadur Singh, has concealed his dead body there. The said First Information Report further discloses that appellant wanted to marry Geeta, minor daughter of the deceased, who refused to agree to the proposal on which he was annoyed with the deceased and on 24-1-2003 after committing the murder, the dead body of the deceased was concealed by the appellant. At the end of the First Information Report (Ext. A-2), it was mentioned that complainant Kamla Devi and her son has identified the dead body which was lying with the incised wounds. On the basis of said report the police prepared the check report (Ext. A-14) and registered a crime under Sections 302 and 201 of the I.P.C. against the appellant, Anusuya Prasad Raturi. An entry in the general diary (Ext. A-15) was made on the same day i.e. 26-1-2003 at serial number 17. An entry (Ext. A-13) of the earlier report dated 25-1-2003 was also made in the general diary by the police at serial number 24 on that day. The police team headed by S.H.O., G.L. Shah (PW-8) went to the forest and recovered the dead body of Bahadur Singh and prepared the inquest report (Ext. A-17) on 26-1-200. The inquest report shows that the dead body was found in the jungle of Bugalkodi Dhar Tokk within the limits of village Bachcher at a distance of 20 kms. from the police station, Chamoli. It was also mentioned in the inquest report that there were incised wounds present on the dead body. After the diagram of the dead body (Ext. A-18), police form No. 13 (Ext. A-19), letter (Ext. A-20) to the Chief Medical Officer, Chamoli for postmortem of the dead body were prepared, the body was sent through Constable Davendra Kumar and Constable Daleep Singh for autopsy.

(3.) Dr. S. P. S. Negi (PW-4) conducted the postmortem examination on 27-1-2003 at about 10.30 a.m. and prepared postmortem report (Ext. A-12). He observed at the time of postmortem examination in the aforesaid report that the dead body was more than 72 hours old, of an average built person aged 45 years. Rigor mortis passed out. Foul smell was coming from the body. Eyes Were closed and mouth was open. The Doctor found following ante motem injuries at the time of autopsy :-