RAGHUBIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal has been preferred by the appellant against the jugdment and order dated 28-06-1991, passed by the Sessions Judge, Chamoli in S.T. No. 7/ 1991, thereby convicting the accused/ appellant under Section 302 I.P.C. and sentencing him to imprisonment for life.

(2.) Brief facts of the case are that on 23-9-1990 Kedar Singh, Pradhan of village Thirpak, lodged written report with Patti Patwari, Mangroli informing that on the Ghaat- Nandprayag motor road near Nirbal Warg Awas the dead body of Sajan Singh S/o Raghunath Singh was lying on the road and requested to take necessary action in the matter. Sri Vishambhar Dutt Thapliyal Patwari on receipt of the written report went at the spot and held inquest on the dead body. He prepared inquest report Ext. Ka. 5. The 1.0. also prepared site plan, Ext. Ka.6 of the place, where the dead body was lying. He sealed the dead body, wrote letter to C.M.O., Ext. Ka.7, prepared sample seal in three copies, Exts. Ka.8 to 10, prepared sketch of dead body, Ext. Ka.11 and sent it for post mortem. The I.O. recorded statements of various witnesses and also took in to possession the written statement of Prem Singh, Ext. Ka 12, which allegedly given by him before the Pradhan, P.W.2, Kedar Singh. He also prepared chick F.I.R., Ext. Ka. 13 on the basis of the written F.I.R., Ext. Ka.2. Thereafter he registered a case in the general diary at report No. 58 dated 24-9-90 under Sections 302/201 I.P.C. against the accused Raghubir Singh, the relevant G.D, entry is Ext. Ka.14. On interrogation the accused Raghubir Singh got recovered an iron rod from near the place of occurrence and the I.O. prepared recovery memo Ext. Ka.16. On completion of the investigation, he submitted charge-sheet, Ext. Ka.17 against the accused.

(3.) On committal of the case to the Court of Sessions, the learned Sessions Judge framed charge under Section 302 I.P.C. against the accused. He pleaded not guilty and claimed to be tried.