DHANPAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This Criminal Appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter for brevity Cr.P.C.), is directed against the judgment and order dated 30-11-2002, passed by the then learned Sessions Judge, Chamoli in Sessions Trial No. 29 of 2000, whereby appellant has been convicted under Section 302 of Indian Penal Code, 1860, (hereinafter for brevity I.P.C.), and sentenced to imprisonment of life and also to pay fine of Rs. 10.000/- in default of payment of which he is directed to undergo two months rigorous imprisonment.

(2.) We heard learned Counsel for the parties and persued the entire evidence on record.

(3.) In brief, the prosecution story is that on 5-4-2000, Barte Singh, father-in-law of Smt. Rekha Devi (deceased), informed Nayab Tehsildar, Ukhimath that deceased, like all other days had gone to jungle to collect fodder for the catties but when she did not return for quite sometime, appellant Dhanpal Singh (brother-in-law of deceased) went in search of her and found Smt. Rekha Devi hanging by a rope in Bhadwad Toke. On this Barte Singh and his son appellant Dhanpal Singh made attempts to contact Patwari but he was on leave as such they informed the Nayab Tehsildar. On said information, next day i.e. on 6-4-2000, Patwari, Bhiri went to the spot and prepared inquest report (Exh. A-1) at about 9.00 a.m. (In Uttaranchal hills certain Patwaris are given police powers). He also prepared police Form No. 13 (Exh. A-10), diagram oi the dead body (Exh. A-11), letter to the Chief Medical Officer (Exh. A-12) and sample seal (Exh. A-13). The Patwari sent the dead body of Smt. Rekha Devi for autopsy.