Decided on October 07,2013



Servesh Kumar Gupta, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 9.7.2010, passed by the Sessions Judge, Almora in Sessions Trial No. 17/2009. By the said judgment and order, the appellant Narayan Singh has been held guilty of the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to a fine of rupees five hundred. However, the appellant has been acquitted of the charge of offence punishable under Section 201 IPC.
(2.) IN the present case, the criminal justice system was set into motion pursuant to the First Information Report (Ex. Ka -1) lodged by Chandan Arya on 9.2.2009. It was stated in the FIR that the dead body of Km. Janki, daughter of Narayan Singh (accused), was lying in the bathroom. Accordingly, Crime No. 1/2009 was registered against unknown person for the offence of Section 302 IPC. Nayab Tehsildar Pan Singh Karki took charge of the investigation. He immediately went at the spot. Dead body of Km. Janki was found lying in the bathroom of the house of accused appellant. It was covered with the firewood. Inquest report (Ex. Ka -5) was prepared on the same day (9.2.2009) by the Investigation Officer (PW7). The Panches collectively opined that the deceased died as a result of excessive injuries suffered in her head. Autopsy was recommended by the Panches. Post -mortem examination was conducted by PW6 Dr. DS Neai on 10.2.2009 at 10.30 AM in Civil Hospital, Ranikhet. He, accordingly, prepared the report Ex. Ka -3. He found following ante mortem injuries on the person of the deceased: (1) Chopped wound on forehead, size 9.0 cm x 1.5 cm, frontal bone of skull is fractured in multiple fragments, evidence of bleeding present from wound. (2) Chopped wound of left side face, just below left ear lobule to angle of mouth left side, 8.5 cm x 1.5 cm, muscle deep, evidence of bleeding present from wound. (3) Chopped wound of neck posterior aspect left side, size 6.0 cm x 1.5 cm, muscle deep, evidence of bleeding present from wound. (4) Chopped wound on left side parietal region of scalp, size 3.0 cm x 1.0 cm, scalp deep. (5) Chopped wound on occipital region scalp, size 3.0 cm x 1.0 cm. (6) Chopped wound left leg anterior aspect, size 5.0 cm x 1.0 cm, about 5.0 cm above from ankle joint. (7) Laceration on index finger of right hand. (8) Contusion on anterior wall of abdomen. As per the post -mortem report, age of the deceased was 18 years. Rigor mortis was present in both lower limbs. Blood clots were present on head. The deceased died about three days prior to the autopsy. The cause of death, as opined by the doctor, was ante mortem injuries mentioned in column No. 1 -5 as a result of severe craniocerebral injuries.
(3.) ON receiving the report, when the Investigation Officer (PW7) came at the spot on 9.2.2009. 'Kudal' (spade), 'Lathi' and 'Basula' (hatchet), used in commission of crime, were recovered on the same day, i.e. on 9.2.2009, from inside the house of accused. Recovery memo thereof are Ex. Ka -18, Ka -19 and Ka -20 respectively. Bloodstained and plain soil were collected from the spot. Blood smeared clothes of the deceased were also taken into possession vide recovery memo Ex. Ka -11. All these articles were sent for chemical analysis to the Forensic Science Laboratory, Dehradun. On completion of the investigation, chargesheet (Ex.Ka - 22) was submitted against the accused for the offence punishable under Section 302/201 IPC.;

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