PURAN SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) This appeal, preferred under Sec. 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure ), is directed against the judgment and order dated 7 -9 -1990, passed by learned Sessions Judge, Chamoli, in Sessions Trial No. 10 of 1989, whereby Appellants Puran Singh and Anand Singh are convicted under Ss. 376, 302/34 and 201 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and each one of the convict is sentenced, under Sec. 376 of I.P.C. to rigorous imprisonment for a period of ten years, under Sec. 302/34 of I.P.C. to imprisonment for life, and under Sec. 201 of I.P.C. to rigorous imprisonment for a period of five years.

(2.) Heard learned Counsel for the parties and perused the entire record.

(3.) Prosecution story in brief is that on 20.3.1988, P.W. 1 Madho Singh gave a report (Ext. A -1) to Patwari of Banauli, wherein it was mentioned that on i 3 -3 -1988 Smt. Purni Devi (deceased) had gone to forest, in village Conoth, to collect firewood, but did not return back. (In Uttarakhand hills, in the interior areas, Revenue Officials are given police powers). It was also mentioned in the said report that on 14 -3 -1988, villagers made search for Purni Devi, but she could not be traced. However, on 20 -3 -1988 at about 6.30 P.M., P.W.2 Jagat Singh told to Madho Singh (informant) that Puran Singh (accused -Appellant) had told him that in the jungle, from an oak tree, a woman's body is lying hanging. On the said report (Ext. A -1), the Patwari proceeded the next day towards the jungle of Pudiyani and took the dead body of Purni Devi in his possession and prepared inquest report (Ext.A -3), sample seal (Ext. A -9 and Ext. A -10) and letter to Chief Medical Officer, Chamoli (Ext. A -8), requesting for post mortem examination of the dead body. The autopsy was conducted on 22 -3 -1988 at about 11,50 A.M. at Gopeshwar, on the dead body by a team of two doctors, which included Dr. N.S. Pal (P.W.5). The doctors, who conducted post mortem examination prepared report (Ext. A -2), in which they opined that cause of death was asphyxia as a result of strangulation.