INDRANI @ INDRAWATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in this appeal is judgment and order dtd. 12/1/2015, passed in Sessions Trial No.168 of 2004, State of Uttarakhand Vs. Indrani @ Indrawati and another, passed by the Court of learned Additional Sessions Judge Vikas Nagar, District Dehradun. By the impugned judgment and order the appellant has been convicted under Sec. 302 IPC and sentenced to undergo life imprisonment and with a fine of Rs.10,000.00. In default of payment of fine it has been ordered to undergo simple imprisonment for a further period of six months. The appellant has also been convicted under Sec. 201 IPC and sentenced to undergo two years simple imprisonment and a fine of Rs.5000.00. In default of payment of fine it has further been ordered to undergo simple imprisonment for a further period of three months.

(2.) Briefly stated, according to the prosecution on 14/6/2004, PW1 Khushi Ram, a watchman in Udiya Bagh Tea Estate, spotted a dead body in the Tea Estate. He gave a report of it to the police station Vikasnagar. Based on it, Crime No.70 of 2004 under Sec. 302 IPC was lodged at police station Vikasnagar at 05:30 p.m. on the same day. Inquest of the dead body was prepared on the same day. Injuries were noted on the dead body and according to the opinion of the Panch, the death was caused due to injuries. During investigation blood stained and plain soil were taken into custody by the Investigating Officer and sent for Forensic Science examination. According to the report, blood was detected on the soil. According to the prosecution, during investigation name of the appellant and others came into light. Appellant Indrani was arrested on 19/6/2004 and she confessed her guilt and said that with the help of co-accused, she killed deceased, her husband. The appellant and co-accused were traveling in a car on that day. The parts of the car were recovered by the Investigating Officer. After investigation, charge sheet was submitted against appellant and three others, namely, Sanjay Sirohi, Tinku alias Pratap and Navin. Co-accused Navin was a Juvenile in conflict with law. His matter was enquired, in Inquiry No.34 of 2014, State Vs. Navin Kumar, by the Juvenile Justice Board, Dehradun and he has been acquitted by the judgment and order dtd. 13/9/2013 of the Juvenile Justice Board, Dehradun.

(3.) Co-accused Tinku alias Pratap died during trial and proceedings against him abated on 4/8/2006. The trial proceeded against the appellant Indrani and Sanjay Sirohi.