KHIM RAM Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment & order dated 23 -6 -1989 passed by Sri M. L. Singhal, the then Sessions Judge, Pithoragarh in S.T. No. 16 of 1989 whereby the appellant Khim Ram was convicted and sentenced to undergo imprisonment for life under Section 302, IPC. The appellant Khim Ram was also convicted and sentenced to undergo for a period of four years and to pay fine of Rs. 1000/ - under Section 394, IPC. He was also convicted and sentenced to undergo for a period of two years and to pay fine of Rs. 1000/ - under Section 201, IPC. In default of payment of fine under Sections 394, IPC and 201, IPC, the appellant was to undergo for further six months and four months R.I. respectively. All the sentences were to run concurrently. However, co -accused Chandra Ram was not found guilty of the charges under Sections 302, 394 & 201, IPC and he was acquitted accordingly. Co -accused Ratan Ram was not found guilty of the charge under Section 411, IPC and he was acquitted.

(2.) THE facts, in nutshell, are that in the morning of 31 -8 -1988 Smt. Kituna alias Kamli Devi (deceased) went to cut wood from the forest, but she did not return till evening. Her husband Hari Ram P.W. 2 thought that her wife might have gone to her relations. When she did not return the next day also, her husband made contact with Harish Chandra Pathak P.W. 1, Pradhan of the village on 2 -9 -1988. Thereafter, a thorough search of Smt. Kituna alias Kamli Devi was made and ultimately, the dead body of Smt. Kituna alias Kamli Devi was found lying in the 'Water Nala' in the jungle of Ban Panchayat. Her dead body had been covered by leaves and branches of trees and the ornaments i.e. 'Guloband' (like a gold necklace) Ex, 8 and two 'Munaras' (Ear Tops) Exs. 155 & 13 were found missing from the person of the deceased. Thereafter. Hari Ram P.W. 3. husband of the deceased, lodged an FIR with the Patti Patwari, Sagour on 2 -8 -1988 at 5 p.m. alleging therein that he had positive suspicion about the involvement of accused Khim Ram in the murder of his wife as he was indulged in similar activities in past. It was further alleged in the FIR that after committing the murder accused Khim Ram had removed the aforesaid ornaments from the dead body of his wife Smt. Kituna alias Kamli Devi. On the basis of report, a Chick FIR was prepared and necessary entries were made in the general diary. On 4 -9 -1988, accused Khim Ram was arrested and on his pointing out a 'Guloband' of the deceased, 'Bariath' - weapon of assault (a big sickle), blood stained 'baniyan' (undershirt), shirt and pant, which the accused had on his person at the time of commission of murder, were recovered from the house of the accused. On the pointing out, one 'Munara' of the deceased which she was wearing at the time of the incident was recovered from the house of Ratan Singh and the other 'Munara' was got recovered from Johar Singh. After completing the investigation, the Investigating Officer submitted the charge -sheet before the Court against the appellant -Khim Ram and two other accused persons, namely Chandra Ram and Ratan Ram.

(3.) THE prosecution in support of its case examined seven witnesses. Harish Chandra Pathak P.W. 1 is the Pradhan of village Kerala Mehar before whom Hari Ram P.W. 2, husband of the deceased informed about the missing of his wife since 31 -8 -1988. Harish Chandra Pathak P.W. 1 then called the villagers and a thorough search was made and eventually, the dead body of the deceased was found in the 'water nala'. Hari Ram P.W. 2, informant, is the husband of the deceased. Diwan Singh P.W. 3 is the Sabhapatl of village Slyoli. He is the witness of recovery of one Munara recovered from the house of Ratan Ram, 'Bariath', 'Guloband' and bloodstained clothes from the house of the appellant, The prosecution has also adduced the evidence of Johar Singh P.W. 4 - goldsmith, who stated in his evidence that on 31 -8 -1988 Khim Ram came to him and impersonated himself as 'Bishan Ram' and gave a 'Munara' Ex. 13, Dr. P.S. Kuwarbi P.W. 8 is the medical officer who conducted the postmortem of the dead body of the deceased. The prosecution has also adduced the evidence of Shiv Raj Singh P.W. 6, who has a grocery shop in the village. On 31 -8 -1988 at about 11 a.m., when he was standing in the courtyard of his house, he saw the appellant coming from his house having 'Bariath' (the weapon of assault i.e. a big sickle) in his hand. Dinesh Chandra Pant, Patwari (P.W. 7) is the Investigating Officer of this case and he proved the documents prepared during investigation and the charge -sheet.