J.C.S. Rawat, J. - (1.)This Criminal Appeal has been directed against the judgment and order dated 11 -10 -1990 passed by Shri Allah Raham, the then III Addl. Sessions Judge, Nainital in S.T. No. 180 of 1990, State v/s. Ram Naresh convicting and sentencing the Appellant Under Sec. 302 I.P.C. to undergo life imprisonment.
(2.)The facts, in a nutshell, are that the complainant -Munna Brabe lodged an F.I.R. on 10/11 -03 -1990 at about 1:15 A.M. in the police station Bazpur, Under Sec. 302 I.P.C. against the Appellant Ram Naresh alleging therein that one Om Prakash had been living with him since his childhood and he had also worked in his fields. It was also mentioned in the F.I.R. that he had been working with others on wages. On 10th March, 1990, Om Prakash went to the sugarcane field of Sardar Baldev Singh alongwith the accused Ram Naresh, mother of Ram Naresh and his sister on tractor trolley. When Om Prakash did not return home in the night, the complainant -Munna Brabe alongwith his son -Basil Brabe went in search of deceased -Om Prakash to the house of Sardar Baldev Singh. Sardar Baldev Singh told them that deceased/Om Prakash and Appellant/Ram Naresh alighted from the tractor in their colony. Thereafter, the complainant -Munna Brabe started towards the house of the accused/Ram Naresh and they heard the cry of a person from the field of Sardar Baldev Singh. Thereby, they saw that the accused/Ram Naresh had patal in his hand and he was assaulting the deceased Om Prakash. When the accused Ram Naresh saw the complainant -Munna Brabe and his son Wasil Brabe, he fled away from the spot. The complainant and his son went to the spot and found Om Prakash dead at the spot at about 11:00/11:30 A.M. (sic P.M.). Thereafter, complainant -Munna Brabe came to his house and he got F.I.R. scribed and lodged the same in the police station. The police reached at the spot in the night itself and the Investigating Officer started investigation and prepared site plan. He also apprehended the accused/Appellant Ram Naresh. The Appellant/Ram Naresh stated to the Investigating Officer that he could discover the 'patal' used in the murder of the deceased and the 'chadar' which he was wearing at the time of the incident from his residence. On the said information, the Investigating Officer made the discovery of the 'patal' as well as of the 'chadar' on 11 -03 -1990. After completing the investigation, chargesheet was submitted before the court.
(3.)The accused/Appellant was charged Under Sec. 302 I.PC. The accused/Appellant denied the charges and claimed trial.