STATE OF UTTARAKHAND Vs. SACHENDRA SINGH RAWAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.12.2018 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 110 of 2016, by which the High Court has allowed the said appeal preferred by the respondent - accused and has held that culpable homicide in the instant case is not murder and consequently has converted the sentence from life imprisonment to ten years rigorous imprisonment, the State of Uttarakhand has preferred the present appeal.

(2.) That the respondent herein - original accused was charged and tried for the offence punishable under Section 302 IPC for having committed the murder of one Virendra Singh. As per the case of the prosecution, on 26.11.2014, the entire village was celebrating Mehendi Ceremony on the occasion of the wedding of one Anil. In the ceremony, the entire village participated including the deceased Virendra Singh and the accused Sachendra Singh Rawat. In the night, some altercations took place between the deceased Virendra Singh and the accused Sachendra Singh Rawat. But due to intervention of the villagers, the matter did not proceed further. After the dinner, at about 12:00 in the night, the accused attacked Virendra Singh by giving him blows by a "Danda/Phakadiyat" - a rough piece of wood, which he was carrying. The blow was on the head of the deceased. Virendra Singh ran towards his house for safety. The accused ran after the deceased with "Phakadiyat" in his hand. The deceased sustained multiple injuries on the head. There was a skull fracture and a frontal wound on left side. The complainant, who was the wife of the deceased tried to rescue her husband, but failed. Meanwhile, several blows were given to her husband. The mother-in-law of the complainant, Geeta Devi also came to the rescue of the deceased. Due to grievous injuries, Virendra Singh fell unconscious. The deceased was initially taken to Dr. Sharma, who resided at Ghansali, which was only a few kilometers away, but considering the condition of the injured, he was referred to Mahant Indresh Hospital at Dehradun, where he was operated upon. After a few days, i.e., on 5.12.2014, Virendra Singh passed away.

(3.) Shri Virendra Rawat, learned counsel appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the High Court has committed a grave error in holding that the murder of the deceased does not amount to culpable homicide.