HARISH CHANDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the order dated 24.12.1983 rendered by Sessions Judge, Almora in S. T. No. 27 of 1983 holding the accused appellants guilty of the offence under Sections 302/34, I.P.C. and sentencing them to imprisonment for life.

(2.) THE prosecution story as put forward in the case has been rather a peculiar one. Devi Chandra, husband of the deceased Smt. Khagauti Devi lodged an information with the village patwari on 13.4.1983 that his wife had gone on 1.4.1983 to fetch grass for cattle but had not returned and only her body was traced on 12.4.1983 around 2.30 p.m.near Dhar Chauk. THE investigation was conducted and then it appears from the evidence the prosecution worked out a story that she was done to death for obtaining her gold ear rings by the two accused Harish Chandra and Pratap Singh, father and son. THE evidence was led after of charge and the two were; tried and convicted as mentioned above. It may be mentioned before proceeding any further that Harish Chandra is reported to have since died though there is no definite official report.

(3.) P.W. 7 Darban Singh was the Pradhan of the village and he was again examined to prove certain conduct of the accused in the matter of collection of cash and as already said above even if there was some doubt the availability of cash with the accused, he could not be fastened with the liability of murder. Accordingly, for that reason the evidence of other witnesses, namely Jashpal Singh P.W. 4 and P.W. 6 Maharban Singh would become worthy of credit. The same was the case with the evidence of P.W. 8 Bhagi Chandra Singh who had also stated about the purchase of goods by Harish Chandra. Assuming it to be all correct would the cost Munre be enough to let him have so much of money as to pay for the horse, purchase of clothes and all that business then again if the robbery was the only idea why should robber, may be accused or anybody else, leave the other ornaments, that is lathis, Ghagula and Suta of silver on the person of Smt. Khagauti Devi. These silver ornaments were found on the person of Smt. Khagauti Devi even after her death by Darban Singh P.W. 1, who was also investigating officer.