V.K.BIST & PRAFULLA C.PANT,J - (1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 2nd of November, 1999, passed by Sessions Judge, Almora, in Sessions Trial No. 35 of 1995, whereby said court has convicted accused / appellant Kailash Ram under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.), and one punishable under Section 201 of I.P.C. The convict (accused / appellant Kailash Ram) has been sentenced to imprisonment for life under Section 302 of I.P.C., and rigorous imprisonment for a period of three years under Section 201 of I.P.C.
(2.) HEARD learned counsel for the parties and perused the lower court record. Prosecution story, in brief, is that accused / appellant Kailash Ram is resident of village Bhatriya, within the limits of Patwari area Darshani of District Bageshwar. (Earlier District Bageshwar was part of District Almora). Smt. Kamla Devi (deceased) was also resident of same village. On 15.04.1995, she (Kamla Devi) had gone to collect fodder and firewood from the jungle of Timilia Tok, where she was found lying dead. P.W. 5 Khim Singh, Village Pradhan of village Bhatriya gave a written report (first information report) (Ext. A -1) on 16.04.1995 to the Patwari of the area stating that as per the information received on 15.04.1995, at about noon, Kamla Devi has been murdered by accused / appellant Kailash Ram, and her body is lying in Bachhe Mari Gadhera (gorge). (In Uttarakhand hills vide U.P. Government Notification No. 494 / VIII - 418 -16 dated 7th March 1916, certain revenue officials are given police powers). P.W. 5 Khim Singh in the report (Ext. A -1) mentioned that the information was given to him by one Udai Ram of village Doomkote (Dholkhani), a neighbouring village. On the basis of said report, the Patwari prepared check report (Ext. A -4), and registered Crime No. 01 of 1995, relating to offence punishable under Section 302 of I.P.C. against accused / appellant Kailash Ram, and investigated the same. He proceeded to the spot and took dead body of Kamla Devi in his possession, and prepared inquest report (Ext. A -2) in the presence of the witnesses on 16.04.1995, at about 04:00 P.M. Thereafter, he prepared sample seal (Ext. A -5), police form No. 13, and other necessary papers, and sent the dead body for postmortem examination. P.W. 7 Dr. N.D. Punetha along with another Medical Officer Dr. S.S. Pal conducted postmortem examination on 17.04.1995, at 02:30 P.M., and recorded ante mortem injuries on the dead body of Kamla Devi. The two Medical Officers opined in the autopsy report (Ext. A -3) prepared by them, that deceased had died due to asphyxia, as a result of strangulation. After interrogating the witnesses, and preparing site plan (Ext. A -6), the Investigating Officer submitted charge sheet (Ext. A -12) against accused / appellant Kailash Ram, for his trial in respect of offence punishable under Section 302 of I.P.C. Also, the Investigating Officer got statement of witness Narain Singh (P.W. 1) recorded by the Magistrate under Section 164 of Cr.P.C.
(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of sessions for trial. On 14.08.1996, Sessions Judge, Almora, after hearing the parties, framed charge of offences punishable under Section 302 and 201 of I.P.C. against the accused / appellant Kailash Ram, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Narain Singh (eyewitness); P.W. 2 Saruli Devi (sister-in-law of the deceased); P.W. 3 Km. Bimla (declared hostile); P.W. 4 Km. Pushpa (declared hostile); P.W. 5 Khim Singh (informant); P.W. 6 Pan Singh; P.W. 7 Dr. N.D. Punetha (who conducted postmortem examination); and P.W. 8 Shyam Dutt (Patwari of the area, who investigated the crime). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he pleaded that the evidence adduced against him is false. No evidence in defence was adduced. The trial court, after hearing the parties, found that prosecution has successfully proved charge of offence punishable under Section 302 of I.P.C., and that of one punishable under Section 201 of I.P.C. against accused Kailash Ram, and convicted him accordingly. Thereafter, the parties were heard on sentence, and the trial court sentenced the convict to of November 1999, passed by Sessions Judge, Almora, in Sessions Trial No. 35 of 1995, the convict preferred this appeal before the Allahabad High Court on 3imprisonment for life under Section 302 of I.P.C., and rigorous imprisonment for a period of three years under Section 201 of I.P.C. Aggrieved by said judgment and order dated 2nd rd of January 2000. The appeal is received by this court under Section 35 of the U.P. Re-organization Act, 2000 (Central Act No. 29 of 2000), for its disposal.;