The judgment emphasizes the need to establish a meeting of minds for criminal conspiracy and the difficulty of proving conspiracy by direct evidence.

JUDGMENT :

Pankaj Purohit, J.

This Appeal is preferred by the appellants from Jail assailing the judgment and order dated 12.08.2013, passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.27 of 2012, “State Vs. Hukam Singh@Hukma”, whereby the appellant no.1-Hukam Singh@Hukma has been convicted under Sections 302 and 120-B r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- and, in default of fine, he was sentenced to undergo two years’ additional simple imprisonment; and appellant no.2 Lakshmi Devi has been convicted under Section 120-B r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- and, in default of fine, she was sentenced to undergo two years’ additional simple imprisonment.

2. The facts of the case in brief are that on 13.04.2012, an FIR was lodged by Harendra Singh, who is brother of the deceased, with the allegations that his brother Lakhan Singh (Lakhpat) lived with his wife and children in a room in village Udayrampur and used to work as a labourer and take care of his children. Last night, he was sleeping with his daughters Rakhi and Shivani in the inner room, and three other daughters and wife Lakshmi Devi had gone to Jagran taking place in the house of Bharat Singh. At around 02.30 hrs. in the night, when her daughter Priyanka came back from the Jagran, she saw Hukam Singh@Hukma coming out of her house with a small axe in his hand. On entering the room, she found blood coming out of her father’s neck and throat slit and clothes stained with blood. Then, in the night itself, she told this to her grandfather-Vasudev Singh, who told Gram Pradhan and other people and saw that Lakhan’s throat was slit, his head was lying on bed and the clothes were smeared with blood. His brother deceased-Lakhan Singh was deaf by birth and could not make proper sound from his throat. He further stated that his deceased brother’s wife Lakshmi Devi had love affair with Hukam Singh@Hukma, S/o Manik Singh, R/o Udayrampur for a long time and in enmity, Hukam Singh had killed his brother. Because of these illicit relations, Gram Pradhan had settled their fights several times earlier.

3. On the basis of this First Information Report, a chick FIR was registered on 13.04.2012 at 07:00 hrs. in Police Station Kotdwar, District Pauri Garhwal, against the appellant Hukam Singh@Hukma and a Case Crime No. 81 of 2012 under Section 302 IPC was registered. The investigation ensued after the registration of the crime, the Investigating Officer drawn Inquest Report on the deceased and sent the dead body of deceased Lakhan Singh@Lakhpat for post-mortem.

4. The Investigating Officer had taken the blood stain and plain soil in possession from the place of incident and prepared fard Ext. Ka-11, one bed-sheet and a pillow were taken in possession from the spot and prepared fard Ext. Ka-12. On the pointing of the appellant Hukam Singh@Hukma, an axe (which was used in murder) was recovered, on which fard Ext. Ka-13 is prepared. Investigating Officer had sent the recovered axe and bed sheet for forensic examination. The report given by the concerned FSL is on record as (Ext.Ka-2). After conducting the investigation of the case and after doing necessary formalities and arresting the appellants, Investigating Officer submitted a charge-sheet (Ext.Ka-20) against the accused persons (appellants herein).

5. The appellants pleaded not guilty, hence claimed for trial.

6. The learned Sessions Judge took cognizance against the appellants under Sections 302/120-B IPC and committed the appellants for trial. The learned Sessions Judge, finding sufficient grounds, framed charges on 12.08.2013, against the accused-appellant no.1 Hukam Singh@Hukma under Sections 302 and 120-B r/w 34 of IPC and accused-appellant no.2 Lakshmi Devi under Section 120-B r/w 34 of IPC.

7. As many as fourteen witnesses were produced by the prosecution to prove its case against the appellant to the hilt. They are PW1-Harendra Singh,