GOVIND SINGH PANWAR Vs. STATE

JUDGEMENT

(1.) Appellant calls in question his conviction and sentence to imprisonment for life under Section 302, IPC as well as under Section 201, IPC per judgment and order dated 18-4-1978 passed by the then Sessions Judge, Tehri Garhwal in Sessions Trial No. A-22 of 1977.

(2.) The case of the prosecution as disclosed from the FIR and the evidence rendered in the case was that on 23-8-1977 the victim of the case deceased Sadar Singh went missing after he left the village Fateru at about 9 a.m. for village Tyunkhar, Patti Lasya, Tehsil Deoprayag via horticulture garden. He was having a shop at Lambhar as well as at Khijwa which was a hamlet of village Tyunkhar. Informant Murari Singh (P.W. 1) who had accompanied his father Sadar Singh upto Fateru in a passenger bus was sent information that his father had not reached his shop at Khijwa. He started making search but without any success. On 1-9-1977 Chandra Singh (P.W. 2), a resident of Chirbatia, told the informant that his daughter-in-law Bachan Dei (P.W. 4) had seen Sadar Singh and also inquired about his welfare when Sadar Singh was going towards Khijwa on that day while she was collecting grass near the horticulture garden and that soon after appellant Govind Singh also went towards Khijwa side on that way. Receiving this information informant prepared a written report (Ext. Ka. 1) and delivered the same to Circle Patwari, wherein he suspected that his father might have been murdered by the appellant Govind Singh because the appellant was also involved in a theft committed in Delhi and police had visited the village for his arrest. It was also disclosed in the FIR that Sadar Singh being an affluent person used to keep money with him and the murder might have been committed while Sadar Singh was some where between the horticulture garden and village Khijwa on that day.

(3.) On the basis of the written report Circle Patwari registered a case under Section 302, IPC and he started making search of the appellant. It proved fruitful when on 4-9-1977 at about 10.40 a.m. the appellant was brought to the Patwari Chauki at Fateru, Patti Budha Lasya by the staff of the Patwari. Appellant was kept under arrest and interrogated. According to prosecution he volunteered to have the dead body of Sadar Singh discovered on his pointing together with other materials which could throw light on the manner of the death of Sadar Singh.