Decided on December 17,2012



U.C.DHYANI, J. - (1.) ONE Kastoora Devi wrote a complaint to Patti Patwari, Kankhul, District Chamoli, on 05.11.2005, regarding the killing of her husband Awal Singh.
(2.) ACCORDING to the informant Kastoora Devi, her husband left the house on 01.11.2005 in the morning. Awal Singh said that he was going to village Ganoli. Awal Singh did not return by the evening. The next day i.e. on 02.11.2005, at 5:00 a.m., her fellow villager Bhajan Singh came to her house and enquired about her husband. Bhajan Singh then left for Silangi market. Subsequently, at 11:00 a.m., some family members of the informant disclosed her that her husband's dead body was lying in a pathway. Such pathway was situated in village Ganoli. It was learnt that Bhajan Singh and Awal Singh were coming back from village Ganoli. Although Bhajan Singh reached his village, but Awal Singh did not. Bhajan Singh did not participate in the cremation of Awal Singh. Some people saw Bhajan Singh dragging the body of Awal Singh when they were coming from Ganoli to their village. On account of such suspicion, the complaint was given to Patti Patwari, Kankhul, which was registered as case crime No. 02 of 2005 for the offence punishable under Section 302 IPC. On the basis of such first information report, the investigation began. Pw 7 Ashok Kumar, Patwari, inspected the place of occurrence, conducted inquest, prepared inquest report, prepared site plan, referred the dead body of Awal Singh for post-mortem, took the statement of Kastoora Devi, prepared site plan, effected arrest of accused Bhajan Singh, took the statements of witnesses on different dates and lastly, submitted charge-sheet (Ext. Ka-3) against the accused in relation to the offence punishable under Section 302, IPC.
(3.) WHEN the trial began and prosecution opened its case, charge for the offence punishable under Section 302, IPC was framed against the accused Bhajan Singh, to which he pleaded not guilty and claimed trial. Seven prosecution witnesses, namely, PW 1 Kastoora Devi, PW 2 Prithvi Singh, PW 3 Shakuntla, PW 4 Himmat Singh, PW 5 Dhirendra Singh, PW 6 Doctor V. P. Singh and PW 7 Ashok Kumar were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313, Cr.P.C, in which he denied the allegations and said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned trial court convicted accused-appellant Bhajan Singh for the offence punishable under Section 302, IPC. He was sentenced to undergo imprisonment for life and a fine of Rs. 20,000/- in connection with such offence. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred.;

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