MOHAN SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Servesh Kumar Gupta, J. -
(1.) APPELLANT Mohan Singh has challenged his conviction and sentence recorded by learned Sessions Judge, Almora in S.T. Nos. 36/2006 and 37/2006, both titled as 'State Vs. Mohan Singh'. The judgment was rendered on 1/5.06.2010 holding the appellant guilty for the offences under section 302, 394/511, 436 IPC and one u/s. 4/25 of the Arms Act. For all the offences, he was appropriately sentenced. Facts of the case are that on 25.05.2006 at about 6:15 AM, Ramesh Chand Kabadwal (brother of deceased's husband), noticed the fire emanating from the house of his brother Kailash Chand Kabadwal. He, accordingly, reached that place with one Mohan Ram and called his sister -in -law Smt. Champa Devi. When the call was not responded to, then they subsequently called her daughter Km. Pooja, who then came out weeping along with her two younger brothers. She disclosed that on the previous day, the accused was grazing goats in the agricultural field and while doing so, he came to quench his thirst on the water tap installed in the courtyard of the house. In the night, selfsame Mohan Singh came and asked her mother to handover her gold chain. On refusal, he caught the head of her mother. Her mother (Smt. Champa) shouted on which the accused gave blows of knife on her body. On being frightened, Km. Pooja, with her two brothers, could save themselves by hiding beneath a cot. Subsequent thereto, the accused ran away setting afire the inside rooms of house. Km. Pooja kept on weeping and shouting for rescue but none came forward because it was the nighttime.
(2.) THE above -facts were communicated by Ramesh Chandra to PW 4 Deewan Singh, Pradhan of the village on the same day at about 7:30 AM. On enquiry made by PW 4, it was revealed that when one Ratan Giri, R/o of the same village came out of his house to make water at about 10 PM of 24.5.2006, he noticed the accused Mohan Singh going towards the place of incident. Besides, another villager Dhan Giri disclosed that at about 11:30 PM of the said day, when he was returning his home, he saw the accused Mohan Singh coming from the place of incident while stepping ahead with fast paces. It was further disclosed in the FIR that since Kailash Chand Kabadwal (deceased's husband) does some job somewhere outside the village, he was not available in his house at the relevant point of time. With the above averments, the First information report (Ex. Ka. 1) was lodged by PW 4 Diwan Singh, Gram Pradhan on 25.5.2006 at 10:30 AM at P.S. Someshwar, District Almora. Chick report thereof is Ex. Ka -3. On 25.5.2006 itself, the inquest report (Ex. Ka -16) was prepared which entails the extension of telephonic information by Gram Pradhan to the police in the very morning of the same day. All the members of inquest opined for conducting the post -mortem since the death was caused due to stab wounds visible on the body of deceased. Accordingly, the autopsy (Ex. Ka -19) over the dead body was done on 26.05.2006 at 1:45 PM by PW 7 Dr. Vipin Pant at Community Health Center, Dwarahat, Almora, who found the following ante -mortem injuries: -
1. Chest wall stained with blood.
2. Spindle shaped wound of size 2 1/2 x 2 c.m., oblique in direction, margins clear -cut, everted. Direction from Axilla towards Xiphisternum. Wounds Fat is protruded out from wound, wound is 11 c.m. downward from tip of shoulder and 9 c.m. from nipple upward on left side. Edges of wound are reddish.
3. In Dissection -Depth of wound is 13 c.m. extending from skin, sub -cut tissues, fat, muscles, pleura, lungs, left atrium.
(3.) HAEMOTOMA of size 10 x 10 c.m. seen over muscles on left side of chest.;
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