KISHAN RAM Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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M.C.JAIN J. -
(1.)THE appellant is one Kishan Ram who has preferred this appeal from
jail. He has been convicted U/s 302, I.P.C. and sentenced to undergo life
imprisonment for committing the murder of his wife. He was tried in
S.T.No. 37 of 1999 by the Sessions Judge, Pithoragarh, who passed the
said judgment on 6.9.2000.
(2.)A short resume of relevant facts is necessary. The appellant was residing with his wife and children in village Digara, Patti Bagari,
District Pithoragarh. His mother had died 11 -12 days before the incident
which occurred in between the night of 18/19.4.1999 at his house. It was
12th day of the death of his mother. As per the custom prevailing in hills and the caste of the accused/appellant, it was necessary for some
of the neighbours and relations to stay in the night at his house so as
to keep away the evil spirits. For that reason, Gopal Ram, P.W.2, Laxman
Singh P.W.4, Fakir Ram and Diwani Ram had stayed at his house during the
intervening night of 18/ 1904.1999. The house of the accused -appellant
consisted of three rooms built on the slope of the terrace of the hill.
For some time during the night, the accused -appellant remained with the
above named persons in the lowest room, whereafter he went to the upper
room in which his wife and children were also sleeping. At about 2 or
2.30 a.m., the said persons heard the cries of weeping and wailng and some cutting sound. They rushed up to the upper room through wooden
stairs and saw the accused having a DAU(cutting weapon) in his hand and
assaulting his wife. They also noticed an axe lying nearby.
Accused -appellant threatened them of their lives if anybody dared to
enter the room. It deterred them from entering the room. Gopal Ram P.W.2
asked Laxman Singh, P.W.4, Govind Ram and Bhagwan Ram to go and inform
the Pradhan of the village. To prevent the escape of the
accused -appellant from the room of occurrence1 it was latched from
outside. Laxman Singh P.W.4, Govind Ram and Bhagwan Ram reached the
Pradhan Smt. Pushpa Saun, P.W.2 at about 4 a.m. and informed her about
the incident. She came to the scene of occurrence and found that a number
of neighbours had collected there, but she was also threatened by the
accused that she would be axed if she attempted to enter inside the room
and see the dead -body. She wrote down the F.I.R. Ex.Ka.l and gave the
same to Bhagwan Ram and Govind Ram to take it to the Patwari. She stayed
there till the arrival of Patwari. The accused -appellant was apprehended.
Weapons of offence i.e. axe and Dau were recovered. The investigation was
taken up with the preparation of Panchayatnama, site -plan, etc. Burnt
clothes were also recovered from the scene of occurrence. The dead body,
after being sealed, was sent for post mortem. The statements of witnesses
were recorded. Ultimately, the accused appellant was charge -sheeted.
(3.)IT may be stated here that post mortem over the dead body of the deceased was conducted by Dr. M.D. Bhatt P.W.3 on 20.04.1999 at 1:30
p.m. The deceased was about 30 years of age and was of average built.
Rigor mortis had passed off from the upper and lower extremities. There
were also signs of burning of skin. Following ante mortem injuries were
found on her person.
1. Incised wound over scalp left paritetal region size 5cm. X lcm. bone deep.
2. Incised wound -over left parietal region just above injury No. 1 size 6x lcm. Bone fractured underneath.
3. Incised wound left face on mandibular region size 3cm.x 2cm. muscle deep.
Incised wound over left side neck just below injury no. 3 size 11cm.x 4cm. bone deep.
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