The court analyzed the intention of the accused, the nature of the injuries, and the circumstances of the incident to determine the applicability of the relevant sections of the Indian Penal Code, ultimately altering the convictions based on the evidence presented.

This is an appeal against the judgment and order dated 10-05-1985 passed by Sri V. N. Mehrotra, the then Sessions Judge, Almora in Sessions Trial No. 35 of 1984 whereby the appellant Pooran Chandra was con victed and sentenced to undergo imprison ment for life and three years RI under section 302ipc and section 325 read with 34 I. P. C respectively. The appellant Ramesh Chandra was convicted and sentenced to undergo imprisonment for life and three years RI under section 302/34 I. P. C and section 325 read with section 34 I. P. C re spectively. It was directed that both the sentences would run concurrently.

2. The prosecution case, in nutshell, is that Devi Datt PW6 (injured) alongwith his wife Smt. Devki Devi (deceased), his son Girish Chandra, his daughter Smt. Munni Devi and other family members was residing in village Kaneli, Patwari Kshetra Jyoti, District Almora. Adjacent to the house of Devi Datt, appellants viz. Pooran Chandra and Ramesh Chandra were also residing. On 09-07-1984 at about 4p. m.

the appellants-accused with the help of Gopal Singh PW5 were constructing a wall on their courtyard. By constructing the sidewall, they wanted to close the passage of the family members of Devi Datt. When the appellants-accused tried to close their passage, deceased Smt. Devki Devi and Devi Datt objected to it. There was ex change of abuses between them. During the course of the quarrel, appellant Pooran Chandra hit on the head of Smt. Devki Devi (deceased) with a stone, as a result of this, she fell on the ground. The other co-accused-appellant Ramesh Chandra hit on the back of Smt. Devki Devi by Kudal Devi Datt tried to save his wife, but the appellants caught hold of him and threw him on the ground. Thereafter, appellant Ramesh Chandra also hit him by Kudal due to which his knee was fractured. Thereafter, the appellants-accused fled away from the place of occurrence. The daughter and daughter- in-law of the de ceased came at the spot and took them inside the house. In the evening, when Girish Chandra PW1 - son of Devi Datt returned to his house from the duty he found his parents lying in the injured con dition. Both of them narrated the incident to him. Smt. Devki Devi-injured, made a dying declaration before her son Girish Chandra PW1 that she had been assaulted by the appellants. Eventually, she suc cumbed to her injuries at about 6p. m. Thereafter, Girish Chandra PW1 got scribed the report and lodged it before Jagdish Chandra Joshi, Patwari. After lodging the report, the Patwari visited the spot and pre pared the inquest report in the night itself. He sent the dead body of the deceased to the hospital for postmortem. He also re corded the statements of the witnesses and prepared the sits, plan on the next day i. e. . 10-07-1984. He -nt the injured Devi Datt to hospital for providing the medical, aid. After completing the investigation, Jagdish Chandra Joshi PW9 (I. O.) submitted the chargesheet before the court concerned.

3. The accused-appellants were charged and they denied the charges and claimed trial.

4. The prosecution in support of its case examined as many as nine witnesses. Girish Chandra PW1 - informant is the son of Smt. Devki Devi (deceased) and injured Devi Datt. He proved the dying declara tion made by Smt. Devki Devi (deceased ). Dr. M. L. Agarwal PW2 has medically ex amined the injuries of Devi Datt. Dr. G. C. Pande PW3 is the Orthopedic Surgeon who proved the bed-head-tickets, x- ray report of Devi Datt. He found that there was a knee fracture of Devi Datt. Dr. H. G. S. Manral PW4 is the Autopsy Sur geon who conducted the postmortem of the deceased Smt. Devki Devi on 11-7-1984. The prosecution also adduced the evidence of Gopal Ram PW5 who is said to be present at the place of occurrence and was helping the accused persons in constructing the wall. He was declared hostile by the prosecution. Devi Datt PW6 is the injured witness and he was present at the spot at the time of incident. Km. Gi