Advocates:
['R P NAUTIYAL', '', 'VARSHA SHARMA', 'SANGEETA BHARDWAJ', 'G A']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Appeal No. 198 of 2004

Prem Singh,

......Appellant

Versus

State of Uttarakhand

….Respondent

Present:

Mr. R.P. Nautiyal, Senior Advocate, assisted by Ms.

Garima Thapa, Advocate for the appellant.

Mr. Lalit Miglani, A.G.A for the State.

JUDGMENT

Hon’ble Ravindra Maithani, J.(Oral)

Present appeal has been preferred against the

judgment and order dated 21.06.2004, passed in Sessions

Trial No15 of 2000, State Vs. Prem Singh and another, by

the court of Sessions Judge, Chamoli (for short, “the case”).

By the impugned judgment and order, the appellant has

been convicted for the offence punishable under Section

304 IPC and sentenced to rigorous imprisonment for a

period of seven years with a fine of Rs.3000/-, in default of

payment of the fine to undergo imprisonment for four

months. It may be noted that by the impugned judgment

and order, co-accused Jawa Devi has been acquitted of the

charge under Section 304 IPC.

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2.

Facts as emerged from the evidence, briefly

stated, are as follows:-

On 10.04.1998, the deceased Ratan Singh boarded a

bus and alighted at Silangi. It so happened that, as soon

as, he alighted from the bus, the appellant along with his

wife and daughter were approaching the road, while

carrying grass from their fields. The deceased made

obscene remarks on the wife of the appellant. They had a

small altercation. The deceased, thereafter, hold the wife of

the appellant by her hand. It is, at this stage, the appellant

snatched the sickle from the hand of his wife and attacked

the deceased on his neck. The deceased Ratan Singh fell

down. Many villagers gathered at the scene of occurence.

PW1 Ranjeet Singh, PW2 Soban Singh and PW3 Gaje Singh

immediately took the deceased to the Hospital at Gairsain.

PW9 Dr. Satendra Kumar gave first aid to the deceased and

forwarded him to the Surgeon. The deceased was again

taken at the Community Health Center, Karnaprayag,

where he was admitted at 11:00 PM. Unfortunately, the

deceased died at 2:00 in the midnight. PW2 Soban Singh

returned to the village and enquired about the incident

from the villagers. Thereafter, he lodged a report of the

incident at 10:00 A.M. in the morning at Police Check Post

Meharchauri, which is 9 KM from the place of incident. It is

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this FIR, in which, Case Crime No. 14 of 1998 was

registered and investigation was carried out.

3.

The Investigating Officer (“IO”) on 11.04.1998,

apprehended the appellant and at his instance, recovered

the weapon of offence (a sickle) from the house of the

appellant. On 25.04.1998, the clothes worn by the

appellant, at the time of incident, were also recovered from

the place near the house of the appellant. On 11.04.1998,

inquest of the deceased was conducted. According to the

witnesses, the deceased had injuries. Post mortem of the

deceased was also conducted, on the same day, at 4:00

PM. The injuries were noted. According to the Doctor

conducting post mortem, the cause of death was

haemorrhage and shock, as a result of ante mortem

injuries.

4.

The IO prepared the site plan, forwarded the

recovered articles for forensic examination. The Forensic

Examination Report was received, confirming that the

articles i.e. the sickle and clothes had human blood. After

investigation, charge sheet was submitted against the

appellant and his wife Smt. Jawa Devi.

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5.

On 25.10.2000, charge under Section 302 IPC

was framed against the appellant, to which, he denied and

claimed trial. Smt. Jawa Devi was also charged under

Section 302 read with 34 IPC, to which, she denied and

claimed trial.

6.

In order to prove the case, the prosecution

examined, in all eleven witnesses, namely, PW1 Ranjeet

Singh, PW2 Soban Singh, PW3 Gaje Singh, PW4 Dr. N.K.

Prasad, PW5 Jodh Singh, P