KISHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This jail appeal is instituted against the judgment and order dated 01.12.2015/02.12.2015, rendered by learned Sessions Judge, Almora in Sessions Trial No.06 of 2015, whereby the appellant-accused, who was charged with and tried for the offences under Section 302, 392 and 411 of IPC. The appellant was convicted and sentenced to undergo imprisonment for life under Section 302 of IPC and to pay a fine of Rs.50,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. He was also convicted and sentenced to undergo rigorous imprisonment for a period of ten years under Section 392 of IPC and to pay a fine of Rs.30,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. The appellant was further convicted and sentenced to undergo rigorous imprisonment for a period of three years under Section 411 of IPC.

(2.) The case of the prosecution, in a nutshell, is that on the intervening night of 29/30.10.2014, the house of Smt. Laxmi Devi was ransacked. She was found strangulated, murdered and robbed. The assailant took away about 9-10 tola gold. The jewellery was kept in the box. The FIR was lodged by PW3 Jeewan Singh. The dead body was sent for postmortem examination. The cause of death was asphyxia as a result of strangulation. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as nine witnesses in its support. The statement of the accused was also recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The accused was convicted and sentenced, as noticed hereinabove. Hence, this jail appeal.

(3.) Learned Counsel for the appellant has vehemently argued that the prosecution has failed to prove its case against the appellant beyond reasonable doubt. Learned counsel on behalf of the State has supported the judgment and order dated 02.12.2015.