PREM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Prem Singh has preferred this appeal against his conviction which was recorded by Sri L. Dungrakoti, Sessions Judge, Almora, on 5-5-1978 in Sessions Trial No. 11 of 1975 under Sec. 366, I.P.C.. and Sec. 323, I.P.C.

(2.) Smt. Hira Devi, PW 1 widow of Gopal Singh, was living with her mother-in-law Smt. Kidi Devi in village Ida Patti Vichla Daura. She was granted family pension as her late husband was a Government Servant. A few months prior to the occurrence of this case Smt. Hira Devi, PW 1, had accompanied the accused, Prem Singh, to Rani Khet and had received Rs. 2,400.00 by way of arrears of pension. Hira Devi PW 1 and accused Prem Singh had brought this amount to Smt. Kidi Devi who had handed over the said amount to the accused Prem Singh for safe custody. Accused Prem Singh is the real brother of Smt. Kidi Devi PW 3, Smt. Hira Devi PW I was issueless.

(3.) About a month prior to the occurrence of this case, Hira Devi was sleeping in the cattle shed. Accused Prem Singh had come there and on hearing some noise Hira Devi had raised alarm. On this Prem Singh had bolted away, after threatening Hira Devi.