GIRISH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is against the judgment of the Trial Court dated 15.5.2013, whereby the appellant Girish Chandra Joshi has been convicted of an offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ -. He has also been convicted for the offence under Section 201 IPC and sentenced to undergo seven years' rigorous imprisonment and to pay a fine of Rs. 10,000/ -. Trial Court has directed that both the sentences shall run concurrently. Prosecution story, in brief, is that PW1 Smt. Champa Devi, who is none else but the wife of the accused appellant, lodged a First Information Report on 10.4.2012 with the averments that her husband is a habitual drunkard and he had been continuously harassing her for money in order to procure liquor. He has also sold all her jewelleries, due to the above addiction. Complainant further states that at 8 o'clock in the evening of 8.4.2012, her husband (convict) demanded money from her for purchasing liquor. When she did not give the money, as she had none, he threatened to kill their 11 month old daughter "Riya". The accused, thereafter, picked Riya in his arms and went away. After some time, when her husband did not return along with Riya, she informed her neighbours and relatives belonging to her maternal side. She made a massive search for her husband and daughter Riya, but in vain. Her husband, thereafter, returned alone at about 10 o'clock that night; Riya was not with him. When the complainant asked about Riya, the accused did not give any satisfactory reply; rather he gave evasive and conflicting answers such as that she is in a neighbour's house, etc. Thereafter on 10.4.2012, the complainant, her brother Trilok Chandra Pandey and uncle Devi Datt Pande again asked the accused about Riya, when the accused Girish Chandra Joshi made an extra judicial confession before them that he has actually killed Riya and then thrown her in a "Ganda Nala". Upon this confession of the accused, his wife (PW1) lodged the report that very day with the police.

(2.) THE FIR was investigated. The police arrested the accused on 10.4.2012. On his interrogation after his arrest, the accused, as per the prosecution, confessed that he actually killed Riya and threw her dead body in the "Ganda Nala" situated near Century Paper Mill, Lalkuan. On the pointing out of the accused appellant, the body was recovered from the "Ganda Nala" near the Century Paper Mill. The body of the deceased was in a decomposed condition. The post -mortem examination, conducted by PW5 Dr. Dinesh Kumar Saxena at 4.40 PM on 10.4.2012, revealed following injuries on the body of the deceased:

(3.) THE investigation culminated into submission of chargesheet against the accused before the Court of Magistrate, who, in turn, committed the case to the Court of Sessions. Charges were framed and the appellant was tried for the offences punishable under Section 302 and 201 IPC.