KAILASH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE appellant calls in question the le­gality of the judgment rendered on 1­2-2002 by the learned Sessions Judge Pithoragarh in Sessions Trial No. 10 of 2001, whereby the appellant was con­victed and sentenced to undergo Rig­orous Imprisonment for life under Sec­tion 302 I.PC.

(2.) THE appellant is the cousin brother of informant Ganesh Singh (PW.2). Deceased Smt. Govindi Devi, the victim of the case, was the wife of the informant. They have got their houses adjacent to each other in village Songaon, Patti Patharkhani Tehsil and District Pithoragarh. The house of wit­ness Ramesh Singh is also adjacent to their house

(3.) AFTER the occurrence, informant prepared the written report, Ext.Ka.2 and sent it for Circle Patwari, who was not then available at his headquarter and the written report was delivered Naib Tehsildar, Tehsil Pithoragarh: The report was then sent to the Circle patwari by the Naib Tehsildar who received it on 4-12- 2000 at 7 AM and left for the scene of the incident. The Circle Patwari Umed Ram Tamta (PW7) held inquest on the dead body and prepared inquest report, Ext.Ka.5 and other relevant documents and then sent the packed and sealed packet of the dead body for post mortem with relevant documents. On completion .of the investigation he submitted charge sheet, Ext. Ka. 13 on 28-1-2001