The main legal point established in the judgment is the reliance on credible evidence, including eyewitness testimony and the recovery of the weapon of assault, to establish guilt under Section 302 IPC.

(Per: Hon'ble Irshad Hussain, J.)

Accused Shekhar Chandra preferred this criminal appeal against the judgment dated 6-10-2001, passed by the then In charge Sessions Judge, Nalnltal In Sessions Trial No. 102/2000, convicting and sentencing him to Imprisonment for life and fine of Rs. 10,000/- and In default of payment of fine to suffer further Rigorous Imprisonment for one year under Section 302 Indian Penal Code.

2. Briefly stated the facts of the prosecution case are as under:-

On 21-8-1999 at about 2.00 P.M. Ravindra, a thirteen years old son of the accused was grazing cows along with his elder brother Naveen Chandra (P.W.3) near Richi Primary School within the circle of Police Station Bhatrojkhan, District Almora. Another boy Keshav Dutt (P.W.8) aged about fifteen years was also there with them. Smt. Deepa Devl (P.W.2), the wife of the accused while collecting the grass from 'the field In that vicinity. Accused carrying an Iron axe came there and started giving Its blows on the head of his son Ravlndra resulting which the boy sustained injuries and started crying. His brother, mother and another boy who were there In. that vicinity rushed to his help. Other villagers including witness Govlnd Ballabh (P.W.9), elder brother of the accused, also reached at the scene of the Incident on hearing the hue and cry the accused was caught at the scene of the Incident and the injured Ravindra was Immediately taken to Civil Hospital, Ranikhet for medical aid. He was however referred to Delhi for specialized treatment but succumbed to his Injuries on way to Delhi and particularly near the town of Hapur and his dead body was then brought back and kept at Civil Hospital, Ranikhet.

3. The written report, Ext. Ka.1 of the Incident was got prepared by the informant Keshav Dutt (P.W.1), the father of the accused and the same was delivered at the Police Station, Bhatrojkhan at 4.45 P.M. On Its basis check F.I.R., Ext. Ka.6 was drawn by Head Constable Mohan Chand (P.W.6) and the case under Section 307 I.P.C. was registered against the accused vide G.D. Report No. 24 of the same date and time, Ext. Ka. 7. The accused was handed over to the police at the time of lodging of the report of the Incident. The Investigation of the case was entrusted to the Station Officer, Bhatrojkhan Sri Anand Singh Gusain (P.W.7) and since he went out of the station In connection with some official work the Investigation was then taken up by S.I Kamal Klshore Sharma (P.W.12) He Interrogated the accused who was lodged In the Hawalat of the Police Station on 22-8-1999 at 8.25 A.M. Accused made confession and volunteered to have the weapon of assault, the Iron axe recovered by disclosing that the same had been concealed by him In a pit near the place of the Incident after the occurrence. The Investigating Officer along with other police personnel and public witnesses Bala Dutt alias Bal Kishan (P.W.5) and Govind Ballabh (P.W.9) took the accused to the pointed place and on the Instance of the accused recovered the Iron axe, material Ext.1. from the pit near the scene of the incident and prepared memo of recovery, 'Ext. Ka.5. The I.O. thereafter recorded .the statement of witness Naveen Chandra ,and in his presence prepared the site-plan, Ext. Ka.16 of the place of the occurrence and also the place of recovery of the said weapon of assault. He also attached sample of the blood stained and plain earth from there vide memos, Ext. Ka.3 and Ext. Ka.4 respectively.

4. The Investigation was thereafter again entrusted to S.I Anand Singh Gusain. In the meanwhile on 22-8-1999 S.I Omveer Singh Rawat (P.W.11) held, inquest on the dead body of Ravlndra deceased and prepared the Inquest report, Ext. Ka.11 and other relevant documents Including the challan report, Ext. Ka.13. Packed and sealed dead body was then sent for post mortem examination which was conducted by Dr. Yogesh Chandra Sharma (P.W.4) at 1.45 P.M. on 22-8-1999.

5. The steps taken In the Investigation by S.I. An