GOVARDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by Govardhan resident of village Gonthla against an order of the Sessions Judge Mandi and Chamba Districts convicting him of an offence under Section 802 of I. P. C. and sentencing him to undergo imprisonment for life.

(2.) BRIEFLY stated the prosecution case was as below:

(3.) PREM Singh Pw. 2 informed Chamaru Pw. 11 that the appellant had killed his brother Jhanu. Prem Singh and Chamaru came across Lalman constable Pw. 7 who was on patrol duty in village Kolang and all three of them went to the house of the appellant and saw that he was digging in his courtyard with a pickaxe Ex. P-3, Lalman inquired of him as to where Jhanu was and he replied that he had gone away. A search was made for the dead body and it was found in a field about 15 or 20 yards below the house of the appellant. The appellant was arrested. The clothes which he was wearing at that time were blood stained. A rukka Ex. P-A was sent by the aforesaid constable to the S. H. O. Jogindernagar conveying information about the incident. Shri T. N. Bali Pw. 19, S. H. O. , Jagindernagar reached the scene of occurrence during night. He prepared the injury and the inquest reports and took in custody blood stained earth Ex. P-4, blood stained stones Exs. P-5 to P-8, bloodstained pyjama and shirt Exs. P-1l and P12 and other blood stained articles Exs. P-13 to P-25 and Ex. P-27. In pursuance of the statement made by the appellant the Battu Ex. P-1 was recovered from near the door of the cattle shed of the appellant. The investigating officer recovered Huranga Ex. P-2 and the pickaxe Ex. P-3 from the house of the appellant.