The main legal point established in the judgment is that the intention and actions of the appellant, as evidenced by the fatal injuries inflicted on the deceased, warranted the conviction for murder under Section 302 of IPC, rejecting the possibility of reducing the conviction to culpable homicide not amounting to murder under Section 304 Part-I of the IPC.

JUDGMENT :

Pankaj Purohit, J.

This Appeal is preferred by the appellant to set aside the judgment and order dated 7/8.04.2016, passed by learned Sessions Judge, Nainital in Session Trial No.31 of 2015, “State of Uttarakhand Vs. Rajendra Prasad”, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.25,000/- and, in default of fine, he was sentenced to undergo two years’ additional imprisonment.

2. The facts of the case in brief are that on 20.11.2014, an FIR was lodged by Smt. Govindi Devi (PW-2) at Thana Kathgodam, with the allegations that on 20.11.2014 at about 04:45 AM, his nephew Sunny S/o Shri Rajendra Prasad came and told her that his father Rajendra Prasad had beaten his grandfather Ram Prasad to death. His father had gone in the marriage from home. The dead body of grandfather was lying on the bed. After hearing this, she went to see her father at his home where his dead body was lying on bed; his brother Rajendra Prasad killed her father Ram Prasad.

3. On the basis of this First Information Report (Ext. Ka-2), a chick FIR (Ext.Ka-5) was registered on 20.11.2014 at 07:30 AM in Police Station Kathgodam, District Nainital, against the appellant Rajendra Prasad and a Case Crime No. 72 of 2014 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 Ram Prasad for post-mortem.

4. The Investigating Officer conducted the investigation of the case and after doing necessary formalities and arresting the appellant, submitted a charge-sheet (Ext.Ka-22) against the appellant in the court. Investigating Officer also sent the recovered axe and wooden stick for forensic examination. The report given by the concerned FSL is also on record as (Ext.Ka-21).

5. The learned Magistrate took cognizance against the appellant under Section 302 IPC and committed the appellant for trial before the learned Sessions Judge, Nainital. The learned Sessions Judge, finding sufficient grounds, framed charges on 08.04.2016, against the accused-appellant Rajendra Prasad under Section 302 of IPC.

6. The appellant pleaded not guilty, hence claimed for trial.

7. As many as nine witnesses were produced by the prosecution to prove its case against the appellant to the hilt. They are PW1-Ganesh Prasad (brother-in-law of deceased), PW2- Smt. Govindi Devi (daughter of deceased and informant), PW3- Sunny (eye-witness, grandson of deceased), PW4-Cons. 377 CP.Gopal Ram (Chick and G.D.writer), PW5-Dr. D.Bankoti (Doctor, who conducted post-mortem), PW6- Mahesh Joshi, PW7- S.I. Rajesh Kumar (First Investigating Officer), PW8- S.I. Indra Jeet & PW9-Ret.S.I. Ashok Kumar Arora (Second Investigating Officer), who proved documents put forth by the prosecution.

8. Thereafter, the statements of accused-appellant were recorded under Section 313 Cr.P.C. in which he denied the allegation levelled against him.

9. The trial court on conclusion of trial, found the case of the prosecution proved against the appellant beyond all reasonable doubt and it accordingly proceeded to convict and sentence the appellant as mentioned in paragraph no.1 of this judgment.

10. We have heard learned counsels for the parties and perused the entire oral and documentary evidence available on record.

11. To prove its case, the prosecution produced Ganesh Prasad as PW1 in the court. He deposed that deceased Ram Prasad was his brother-in-law. On 20.11.2014 in the morning, when he was going for his labour work, he came to know that Ram Prasad had died at night. On information, he went to his house. The dead body of Ram Prasad was lying on the bed, there were a lot of people gathered, and the police had also reached. The proceedings of Panchayatnama of the dead body was done by the police by appointing him as Panch. After sealing the corpse, it was sent for post-mortem. On seeing Panchayatnama 15Ka/1 to 15Ka