PAWAN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 17.07.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.24 of 2007.

(2.) In Sessions Trial No.138 of 2000 on the file of the Additional District & Sessions Judge, First Fast Track Court, Haldwani, District Nainital, the appellant was tried for having committed the offence punishable under Section 304 of the Indian Penal Code, 1860 ("IPC" for short). According to the prosecution, in an incident which occurred at about 8.30 a.m. on 09.03.2000, the appellant assaulted one Prem Kumar who suffered two injuries which have been described in the record as under:

(3.) According to the record, the victim was given medical attention and was shifted to Indraprastha Apollo Hospital, New Delhi on 12.03.2000 where he expired on 21.03.2000. Death Summary issued by said Hospital stated as under: