KALIKA PRASAD Vs. STATE

JUDGEMENT

(1.) Kalika Prasad has filed this appeal against his conviction Under Section 302, IPC. and sentence of Life Imprisonment as passed by the II Addl. Sessions Judge Nainital on 3-1-1983 in Sessions Trial No. 196 of 1981. The charge against the appellant was that sometimes in the morning of 24th March, 1981 at the Jhuggi of "A" Charge Area of Kashipur Civil Exchange 78, R.P.S. & E, Hempur, P.S. Kashipur, district Nainital, he committed murder by intentionally causing death of Km. Savitri Devi by causing an axe injury on her head and thereby committed an offence punishable Under Section 302, IPC.

(2.) The present case is dependent upon circumstantial evidence, therefore, it has to be seen whether all the circumstances sought to be proved have been actually proved or not and then cumulatively those circumstances point out the only hypothesis of the appellant committing the murder or not.

(3.) Km. Savitri was the daughter of appellant's wife's sister. She has been coming to the house of her aunt (Mausi). In the Holi the appellant sent his family to his house in village and called Km. Savitri to his cottage in Hempur on the pretext that his wife was ill. P. W. 3 Sumar Singh went to the house of the appellant on 23-3-1981 at about 8 a.m. to borrow his cycle and found the door of the house bolted from inside and the accused was absent. On enquiries the residents in the neighbourhood peeped into the house from back door and saw Km. Savitri lying dead and an axe was struck up in her head. Sumar Singh informed his Commanding Officer who sent a FIR which was entered in the General Diary report No. 21 at 9-30 a.m. P.W. 8 A. S. Sharma, S.I. went to the place of occurrence and prepared a Panchayatnama whereafter the dead body was sent for post mortem examination. P.W. 2 Dr. D.J. Joshi conducted the post mortem examination on 25-3-1981 at 11-30 a.m. and found the following injuries :-