NANDA DEVI W/O CHANDRA SINGH Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND
Nanda Devi W/O Chandra Singh
STATE OF U P
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(1.) This appeal, preferred under section 374 of
Code of Criminal Procedure, 1973 (for short Cr.P.C.),
is directed against the judgment and order dated
07.09.2000, passed by learned Sessions Judge,
Pithoragarh, in Sessions Trial No. 8 of 1994, whereby
said court has convicted accused/appellant Smt.
Nanda Devi under section 304 part I IPC, and
sentenced her to undergo rigorous imprisonment for
a period of ten years.
(2.) Heard learned counsel for the parties, and
perused the lower court record
(3.) Prosecution story in brief is that on 13.05.1993,
at about 6:00 p.m., Jodh Singh (deceased) was
washing his clothes near a public tap in Village
Kharnaula. His wife Radha Devi was in the house.
At that point of time, accused Nanda Devi alongwith
her brother-in-law Lal Singh reached there, and
started quarreling with Jodh Singh. Thereafter,
accused Lal Singh picked up a stone and pelted at
Jodh Singh, accused/ appellant Nanda Devi who was
armed with sickle (a sharp edged weapon) gave a
blow near the neck of Jodh Singh and caused injury.
After snatching sickle from the hand of the accused
Nanda Devi, Jodh Singh started running down the
hill to save himself from the assault of the accused,
however, when he reached near the house of Santosh
Ram he fell down on the ground. Radha Devi
(P.W.2) who was witnessing the incident from her
house rushed and followed him (Jodh Singh).
Injured Jodh Singh by signs and gestures, asked for
water. Radha Devi (wife of the deceased) offered
water to her husband but he got unconscious and
died. Puran Singh (P.W.1/ brother of the deceased)
who was informed about the incident on 14.05.1993,
went to Patwari Jakh, and gave first information
report (Ex. A1) to the Revenue Official. (In
Uttarakhand hills certain Revenue Officers are given
police powers). On the basis of said report P.W.4
Suresh Lal Verma, the then Patwari of the area
registered crime no. 1 of 1993 against accused Nanda
Devi and her brother-in-law Lal Singh in respect of
offence punishable under section 302 IPC. The crime
was investigated by said revenue official, who went
to the spot, took dead body of Jodh Singh in his
possession and prepared inquest report (Ex. A4) on
14.05.1993. He further prepared other necessary
papers like sketch of the dead body (Ex. A5), police
form no. 13 (Ex. A6) etc, and got sent the dead body
in a sealed condition for post-mortem examination.
P.W.3 Dr. P.K. Karnatak conducted post mortem
examination on the dead body of Jodh Singh
(deceased) on 15.05.1993. He recorded single incised
wound on left lower cervical region measuring 4cm
X 1cm near the left sternoclavicular joint, in his
report. He opined that the deceased had died of
excessive haemorrhage causing oligenic shock. The
Investigating Officer meanwhile interrogated the
witnesses, inspected the spot and prepared the site
plan (Ex. A7). He also recovered sickle used in the
crime and prepared recovery memo (Ex. A8). After
completion of investigation, the Investigating Officer
submitted charge sheet (Ex. A10) against accused
Nanda Devi for her trial in respect of offence
punishable under section 302 IPC.
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