Decided on November 29,2012

Nanda Devi W/O Chandra Singh Appellant
STATE OF U P Respondents


- (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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