JAI PRAKASH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr.P.C.), is directed against the judgment and order dated 26 -06 -1990, passed in Sessions Trial No. 15 of 1989, by the then learned Sessions Judge, Pauri Garhwal, whereby appellant Jai Prakash has been convicted and sentenced under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.), to imprisonment for life.

(2.) PROSECUTION story in brief is that one Smt. Pyari Devi (deceased) used to receive pension of Rs. 900/ - per month as widow of her late husband. She was resident of village Tamlang, Patti Gangwar Syun in the district of Pauri Garhwal. Appellant Jai Prakash, step son of the deceased used to live separately from her in the same house. Smt. Pyari Devi (deceased) used to pay half of said pension to her step son (the appellant) but he wanted more share in the pension. On 23 -12 -1988, at about 8:00 P.M., appellant quarreled with his stepmother and threw her from the first floor, and consequently due to the injuries received by her, she died. P.W.1 Kanti Devi wife of Narendra Singh and daughter -in -law of the deceased, was the sole eye -witness of the incident. She shouted for help on which village Pradhan (P.W.3) Bishan Singh and some others reached at the place of incident. Narendra Singh (P.W.2) son of the deceased, who was posted as Peon in Kotdwara was given telephonic information of the incident in the very night. The next day i.e. 24 -12 -1988, P.W.2 Narendra Singh lodged First Information Report (Ext. A -1) with the Patti Patwari of Gangwar Syun, which was registered by Patwari against the appellant Jai Prakash for alleged offence, punishable under Section 302 of I.P.C., and prepared Check Report (Ext. A -4). (In Uttaranchal hills, certain Revenue Officers are vested with the police powers). Patti Patwari Sudarshan Singh (P.W.6), after making necessary entry in the General Diary (Ext. A -5) regarding First Information Report being lodged, proceeded for investigation. On 25 -12 -1988, in the morning, he took the dead body in his possession and prepared the inquest report (Ext. A -2). He further prepared police form No. 13 (Ext. A -7), sketch of the dead body (Ext. A -8) and other necessary papers and sent the dead body for post mortem examination. Dr. G.S. Rawat (P.W.4), on 26 -12 -1988, conducted autopsy on the dead body and prepared post mortem examination report (Ext. A -3). Following ante mortem injuries were found on the dead body by said Medical Officer: - , 1. Lacerated wound on left side forehead 4cm x 1 cm x bone deep. On dissection of scalp, there was depressed fracture of frontal bone beneath the wound in an area of 3cm x 1.5cm, haemotoma in an area of 4cm x 3cm. On the scalp there was sub clural and sub araenoid haemotama beneath the fracture in an area of 4cm x 2.5cm. 2. Abraded contusion on left cheek in an area 2cm x 1 cm bluish -black. 3. LACERATED wound just below the chin 1 cm x 1 cm x muscle deep.

(3.) After recording the statements of the witnesses and preparing Site Plan (Ext. A10), the Investigating Officer (P.W.6) Sudarshan Singh, submitted charge sheet (Ext.A -11) against the appellant in the court. The concerned Magistrate after giving necessary copies to the appellant, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial of the accused. The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 I.P.C. against the appellant Jai Prakash that he committed murder of Pyari Devi on 23 -12 -1988 at about 8:00 P.M. in village Tamlang, Patti Gangwar Syun. The accused/appellant Jai Prakash, pleaded not guilty and claimed to be tried. Where after, prosecution got examined P.W.1 Kanti Devi - eye -witness, P.W.2 Narendra Singhthe informant (real son of the deceased), P.W.3 Bishan Singh, the then village Pradhan, P.WA Dr. G.S. Rawat - who conducted the post mortem examination; P.W.5 Prithwi Pal Singh - neighbour of the deceased, and P.W:6 Patwari - Sudarshan Singh (Investigating Officer). All oral and documentary evidence was put to the accused Jai Prakash by the trial court, as required under Section 313 of Cr.P.C. in reply to which, he submitted that he has been falsely implicated in the crime. learned Sessions Judge, after hearing both the sides, found the accused Jai Prakash guilty of offence punishable under Section 302 of I.P.C. and accordingly convicted him. And after hearing him on sentence, learned Sessions Judge, sentenced him to imprisonment for life. Aggrieved by said judgment and order dated 26 -06 -1990, this appeal was filed by the convict before the Allahabad High Court on 17 -08 -1990. The appeal is received by this Court under Section 35 of U.P. Reorganisation Act, 2000, for its disposal, from said High Court.