Reserved Judgment

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

SRI JUSTICE S.K. MISHRA, A.C.J.

AND

SRI JUSTICE N.S. DHANIK, J.

CRIMINAL REFERENCE NO. 05 OF 2021

BETWEEN:

In The Matter of Capital Punishment Awarded Digar Singh

…..Appellant.

And

State of Uttarakhand

….Respondent.

With

CRIMINAL APPEAL NO. 08 OF 2022

BETWEEN:

Digar Singh

…..Appellant.

And

State of Uttarakhand

….Respondent.

Counsel for the Appellant

:

Mr. Arvind Vashisth, learned

Amicus Curiae assisted by Ms.

Sheetal Selwal, learned counsel.

Counsel for the Respondent

:

Mr. J.S. Virk, learned Deputy

Advocate General assisted by Mr.

R.K. Joshi, learned Brief Holder.

Reserved On: 24.02.2022

Delivered On: 19.05.2022

Upon hearing the learned Counsel, the Court made the

following

JUDGMENT :(per Sri S.K. Mishra, A.C.J.)

In this Criminal Reference, under Section 366 of

the Code of Criminal Procedure, 1973 (hereinafter referred to

2

as “the Code” for brevity), the correctness of the judgment

and sentence of death recorded by the learned Ist Additional

District & Sessions Judge, Nainital, in Sessions Trial No.11 of

2020, as per the judgment dated 24.11.2021, is considered

along with the Criminal Appeal preferred by the condemned

prisoner, who has been sentenced to death having been

convicted under Sections 302 and 307 of the Indian Penal

Code (hereinafter referred to as “the Penal Code” for brevity).

2.

As per the judgment passed by the Hon’ble

Supreme Court in the case of Anokhilal vs. State of M.P.,

(2019) 20 SCC 196, we have appointed Mr. Arvind

Vashisth, the designated Senior Counsel as an Amicus Curiae

to argue the case on behalf of the condemned prisoner-

appellant.

3.

Shown of unnecessary details, the case of the

prosecution is that on 07.10.2019, one Mr. Baljeet Singh

gave information to the Station House Officer, Chorgaliya,

through former village pradhan that the condemned prisoner

Digar Singh Koranga has committed the murder of his mother

by severing her head from the rest of the body by means of

sharp cutting weapon. On receiving such information, Mr.

Sanjay Joshi, the then S.H.O. Chorgaliya, along with police

team reached the village in question, and found the deceased

Jomati Devi, mother of the condemned prisoner, lying dead

with her head severed from the body. Thereafter, father of

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the condemned prisoner described the entire matter before

the S.H.O., and stated that the incident took place on

07.10.2019 at about 09:00 AM. The S.H.O., after receiving

the report from the said informant, started investigating the

case. In the course of investigation, he registered the criminal

case bearing FIR No.62 of 2019, prepared the inquest report,

examined the witnesses, sent the dead body for post-mortem

examination, seized material objects and relevant documents,

and after receipt of the post-mortem report and other

reports,

he

submitted

the

charge-sheet

against

the

condemned prisoner-appellant under Sections 302 and 307 of

the Penal Code. At the stage of charge, the appellant denied

to have committed the offence. Hence, the charges were

framed for the aforesaid provisions of the Penal Code.

4.

In order to prove its case, the prosecution

examined twelve witnesses. P.W.1 Soban Singh Koranga is

the informant in this case. He happens to be the father of the

condemned prisoners, and husband of the deceased. P.W.2

Bina Bisht, P.W.3 Devika Devi, and P.W.4 Naina Koranga (the

daughter-in-law of the deceased) are the eye-witnesses to

the occurrence. All the other witnesses are official witnesses.

P.W.5 Dr. Sinto Devsi has conducted the post-mortem

examination on the dead-body of the deceased, P.W.6 S.I.

Bhuwan Singh Rana, P.W.7 S.I. Deepa Joshi, are two police

officers who were part of the investigation, and have also

4

participated

in

different

aspects

of

invest