JAI PRAKASH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr. P. C.), is directed against the judg ment and order dated 26-06-1990, passed in Sessions Trial No. 15 of 1989, by the then learned Sessions Judge, Pauri Garhwal, whereby appellant Jai Prakash has been convicted and sen tenced under Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C. , ) to imprisonment for life.

(2.) PROSECUTION story in brief is that one Smt. Pyari Devi (deceased) used to receive pension of Rs. 900/- per month as widow of her late husband. She was resident of village Tamlang, Patti Gangwar Syun in the district of Pauri Garhwal. Appellant Jai Prakash, step son of the deceased used to live sepa rately from her in the same house. Smt. Pyari Devi (deceased) used to pay half of said pension to her step son (the ap pellant) but he wanted more share in the pension. On 23-12-1988, at about 8:00 PM. , appellant quarreled with his step mother and threw her from the first floor, and consequently due to the in juries received by her, she died. P. W. 1 Kanti Devi wife of Narendra Singh and daughter-in-law of the deceased, was the sole eye-witness of the incident. She shouted for help on which village Pradhan (P. W. 3) Bishan Singh and some others reached at the place of in cident. Narendra Singh (P. W. 2) son of the deceased, who was posted as Peon in Kotdwara was given telephonic infor mation of the incident in the very night. The next day i. e. 24-12-1988, P. W. 2 Narendra Singh lodged First Informa tion Report (Ext. A-1) with the Patti Patwari of Gangwar Syun, which was registered by Patwari against the appel lant Jai Prakash for alleged offence, punishable under Section 302 of I. P. C. , and prepared Check Report (Ext. A-4 ). (In Uttaranchal hills, certain Revenue Officers are vested with the police pow ers ). Patti Patwari Sudarshan Singh (P. W. 6), after making necessary entry in the General Diary (Ext. A-5) regarding First Information Report being lodged, proceeded for investigation. On 25-12-1988, in the morning, he took the dead body in his possession and prepared the inquest report (Ext. A-2 ). He further prepared police form No. 13 (Ext. A-7), sketch of the dead body (Ext. A-8) and other necessary papers and sent the dead body for post mortem examina tion. Dr. G. S. Rawat (P. W. 4), on 26-12-1988, conducted autopsy on the dead body and prepared post mortem exami nation report (Ext. A-3 ). Following ante mortem injuries were found on the dead body by said Medical Officer: 1. Lacerated wound on left side forehead 4cm x 1 cm x bone deep. On dissection of scalp, there was depressed fracture of frontal bone beneath the wound in an area of 3cm x 1. 5cm, haemotoma in an area of 4cm x 3cm. On the scalp there was sub clural and sub araenoid haemotama beneath the fracture in an area of 4cm x 2. 5cm. 2. Abraded contusion on left cheek in an area 2cm x 1cm bluish-black.

(3.) LACERATED wound in right supra clavicle fosa 1 cm x 2cm x muscle deep.