MOHAN RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal, preferred under Sec. 374(2) of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 28.3.1989, in Sessions Trial No. 32 of 1988, passed by learned Sessions Judge, Pithoragarh, whereby -Appellant Mohan Ram has been convicted under Sec. 302 of Indian Penal Code, 1860 and sentenced to life imprisonment.

(2.) The prosecution story in brief is that deceased Smt. Haruli Devi was wife of Appellant Mohan Ram. They got married about one year before the date of the incident. P.W. 6 - -Chandra Ram is the father of the deceased Haruli Devi. He lodged a first information report (Exh. A -17) on 18.6.1988 with Kanungo, Nachani, Tehsil Munshiyari, alleging that his daughter Haruli Devi has been murdered and buried by his son -in -law, Appellant -Mohan Ram. (In certain areas of Uttaranchal, Revenue Officers have police powers to register and investigate the crimes). It is also alleged in the first information report that Appellant Mohan Ram used to ill -treat and beat his wife. On the basis of said report, a check report (Exh. A -1) was prepared by the Supervisory Kanungo and Crime No. 2 of 1988 was registered under Sec. 302/201 of Indian Penal Code against the Appellant Mohan Ram. During investigation of the crime, it came to light that about a month before the death of the incident, deceased Haruli Devi went to her parents house with Appellant Mohan Ram in village Samkot where in the presence of the parents of the deceased, Mohan Ram quarrelled with Haruli Devi and gave her beating and left for his village Guthi, leaving Haruli Devi in her parents house. However, on the third day of the said incident, mother of Appellant Mohan Ram came to the house of the parents of the deceased and took her back to her husband's village Guthi where on 11.6.1988, at about 7.00 p.m., Appellant Mohan Ram committed murder of his wife Haruli Devi. He (Appellant) without informing about the death of his wife to her parents in collusion with his brother Kishan Ram and uncle Mani Ram, hurriedly buried the dead body of the deceased. On 17.6.1988, P.W. 6 Chandra Ram, father of the deceased asked his brother -in -law, Roop Ram (P.W. 7) to enquire about the welfare of his daughter Haruli Devi. Roop Ram when made enquiries, came to know from one Gopal Ram on 17.6.1988 that Haruli Devi has been murdered and buried. The said information was passed on by Roop Ram P.W. 7 to his brother -in -law (Saarhoo) Chandra Ram, who filed first information report on 18.6.1988 with the Kanungo, Nachani. During investigation, P.W. 5 Mohan Ram, Kanungo, got the dead body dug out from Kafal Katia Dhar (a place 1 km. away from Appellant's village) on pointing out of convict/Appellant Mohan Ram and prepared the Inquest Report (Exh. A -4) and sent the dead body for post mortem examination. The post mortem examination was conducted on 20.6.1988 at District Headquarter -Pithoragarh by P.W. 8 Dr. D. C. Awasthi who found following ante mortem injuries on the dead body :

(3.) On investigation, the Investigating Officer found that Appellant Mohan Ram committed murder of his wife Haruli Devi and with the help of his real brother Kishan Ram and uncle Mani Ram, got buried the dead body to conceal it and submitted charge -sheet (Exh. A -13) against the Appellant Mohan Ram, with co -accused Kishan Ram and Mani Ram. Learned Chief Judicial Magistrate registered the charge -sheet on 17.9.1988. After giving necessary copies to the accused persons, the case was committed by the Magistrate to the Court of Sessions, for trial of the accused persons. Learned Sessions Judge, framed charges under Sec. 302 and that of 201 read with Sec. 34 of I.P.C. against Mohan Ram and further framed charge against accused Kishan Ram and Mani Ram under Sec. 201 read with Sec. 34 of Indian Penal Code. All the three accused pleaded not guilty and claimed to be tried. Thereafter, the prosecution got examined P.W. 1 Kumer Singh, P.W. 2 Aan Singh, P.W. 3 Keshar Ram, P.W. 4 Chanchal Ram, P.W. 5 Mohan Ram -Investigating Officer, P.W. 6 Chandra Ram -informant, P.W. 7 Roop Ram and P.W. 8 Dr. D. C. Awasthi -Medical Officer who conducted the post mortem examination. In the form of documentary evidence, apart from first information report (Exh. A -17), its Check Report (Exh. A -1), Memo of recovery of dead body (Exh. A -2), Site Plan (Exh. A -3), Inquest Report (Exh. A -4), Sketch of dead body (Exh. A -5), Sample seal (Exh. A -6) Police form No. 13 (Exh. A -7), Police form No. 34, i.e., letter to the Chief Medical Officer requesting for post mortem examination of the dead body (Exh. A -8), Site Plan (Exh. A -11) and Memo of recovered clothes (Exh. A -12), were produced. Post mortem report (Exh. A -18) was also got proved by the prosecution. The oral as well as documentary evidence were put to the accused persons under Sec. 313 of Code of Criminal Procedure, 1973. In their reply to their evidence adduced by the prosecution, the accused persons have not denied death of Haruli Devi. However, they have alleged that they were falsely implicated in the crime. With regard to the prosecution evidence regarding conduct of accused Mohan Ram, it has been replied by him that he had 'no knowledge'. However, it is stated in reply to question No. 26 by Appellant Mohan Ram that information was sent to the parents house of the deceased. But no evidence in defence was given to that effect. After hearing the prosecution and the defence, learned Sessions Judge, found accused Mani Ram and Kishan Ram not guilty of charge framed under Sec. 201 of Indian Penal Code and they were acquitted of the charge. However, accused Mohan Ram (Appellant) was found guilty of the offence punishable under Sec. 302 of Indian Penal Code and was convicted and sentenced to life imprisonment. (However, he was not held guilty of the offence punishable under Sec. 201/34 of Indian Penal Code). Appellant, aggrieved by the order of conviction and sentence against him, has filed this appeal.