MANGAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is an appeal directed against the judgment and order dated 28th January, 1981 passed by the Sessions Judge, Chamoli in Session Trial No, 4 of 1930, State v. Mangal Singh convicting the appellant under Section 328/511, I.P.C. and 315/511, I. P. C. and sentencing him two years R. I. under both the counts separately. Feeling aggrieved by the said judgment and order, the present appeal has been preferred.

(2.) Brief facts for the disposal of this appeal are that Smt. Kalpi Devi who was the wife of Bhup Singh had given birth to three chidren and thereafter the husband of Kalpi Devi, i.e., Bhup Singh got himself operated. Thereafter, Smt. Kalpi Delvi developed illicit relationship with the appellant-Mangal Singh with the result she got pregnant by him. The accused-appellant attempted to administer poison to her but she did not take the entire quantity and only consumed a part thereof. Subsequently, in the afternoon of 6-9-1978, she met with the appellant in Silani Dhar Pata situated in the same village and she informed the appellant that she had not consumed the entire packet and she only took it partially. The appellant thereafter attempted to push her down in a ditch unsuccessfully with the intention to prevent the child in her womb being born alive. The said occurrence was witnessed by Raj Singh, Bharat Singh, Madan Singh, Canpat Singh and Mahipal Singh while they were returning to their village from school. Later on the complainant, husband of Kalpi Devi was informed by his wife that she is having a child in her womb who was of the appellant-accused and she narrated the entire incident to her husband. The complainant-husband went to the patwari circle immediately and the patwari was not available in his headquarter, hence he filed the complaint before the Chief Judicial Magistrate, Gopeshwar on 9-9-1978 and the learned Magistrate ordered to register the case and directed to investigate the said complaint. The said complaint and order of the learned Chief Judicial Magistrate was handed over to the patwari after a lapse of about 8 days, i.e. on 17-9-1978 by the complainant himself. Thereafter, chick was prepared by the Investigating Officer and the investigation was conducted by the patti patwari and it culminated into the charge-sheet.

(3.) The accused-appellant stands for trial before the trial Court and charges were framed against accused-appellant and the charges were amended later on by the learned Sessions Judge. The appellant denied the charges and claimed the trial.