DEVI SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Abhay Raj Singh, learned Amicus Curiae appearing on behalf of the appellant, Ms. Anjum Hak, learned A.G.A. for the State and perused the record.

(2.) The present criminal appeal has been preferred against the judgment and order 18.02010 passed by Additional Sessions Judge, Court No. 7, Mathura in Sessions Trial No. 521 of 2008 arising out of Case Crime No. 197 of 2008 thereby convicting and sentencing the appellant for life imprisonment and a fine of Rs.2,000/- under Section 302 IPC.

(3.) The prosecution story in nutshell is that the complainant-Dharamvir son of the appellant-Devi Singh handed over a written report to the In-charge police station-Govind Nagar, District-Mathura with the averments therein that on 28.05.2008 at about 6:00 am, his mother-Premwati(hereinafter referred to as 'deceased') after purchasing the milk was coming back to her house. On the way, the appellant met her, gave a blow of iron rod on her head and also inflicted knife injuries in her stomach. As early as he received the information to this effect, he got her admitted in the hospital wherein she succumbed to these injuries. The said incident was witnessed by Sonu and Padam Singh. On the abovesaid complaint, FIR was lodged on 28.05.2008 at 11:30 pm. The investigation came into motion and the proceedings with regard to the inquest memo were observed in between 11:35 am to 2:30 pm on the same day. The autopsy on her body was also performed on the same day at 5:00 pm. As per postmortem report, two lacerated wounds and five incised wounds were found on her body. The Investigating Officer investigated the matter and submitted a chargsheet against the appellant under Section 302 IPC.