GIRISH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The above captioned appeal has been preferred to challenge the impregnability of the judgment and order dated 24.5.2014, rendered by the Additional Sessions Judge, Almora, whereby the appellant Girish Chandra Joshi has been found guilty for the offence of Section 302 IPC and has appropriately been sentenced.

(2.) The case of prosecution entails the sad tale of an unfortunate deserted lady, running in her forties. She was living alone in her parental house in a remote hill village of District Almora. Her dead body was noticed lying in her kitchen in the late evening of 10th December 2009. By the time police could reach at the spot on the information extended by the Area Chowkidar, it had become quite late in the night. So, the spot was preserved and the inspection was, in fact, done in the morning of 11th December 2009 by the police in the presence of several villagers. The dead body of Smt. Mohini Devi was recovered and the inquest report Ex. Ka-5 was prepared in that very morning of the chilly winter. A quarter size bottle of liquor (XXX Rum), which was half filled, an unused condom without the wrapper and two semi-smoked cigarettes were also recovered which were lying nearby the dead body. The inquest witnesses noticed 2 inch deep incised wound on the right wrist of the deceased and also a severe hurt in her head just behind the left ear. So, they all opined that the deceased lost her life as a result of these injuries, yet recommended the post-mortem.

(3.) Autopsy was conducted on 11.12.2009 at 2 PM in the Government District Hospital, Ranikhet by PW3 Dr. Ramakant Sagar, who found following external and ante mortem injures on the dead body of the deceased: