LABHA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Leave granted.

(2.) One Umra advanced a petty sum of Rs. 5 to Multana by way of loan. On 31.10.1985 at about 9 p.m. he asked him to pay the said amount back to him. What was his response thereto is not known. Multana, however, started hurling abuses on him. Bachni, the mother of appellant came there and said "UMRA DO KAUDI KA LADKA HAI, ISKO MITTI MAIN MILA DO. MAIN ISKI EENT SE EENT BAJA DUNGI" Whereupon Multana and Ranjeet caught hold of the deceased. Appellant was carrying a big knife with him. He inflicted three blows on the deceased with the said knife. The deceased ran towards his house pressing his abdomen by his hands. He could not run for a long distance. He fell down. P.W. 1, Amar Singh, father of the deceased who had been coming back to his house along with P.W. 4, Jeet Singh from the market witnessed the entire incident. It was also witnessed by P.W. 7, Birsa Singh. The deceased was taken to the hospital immediately. He, however, was declared dead. A First Information Report was lodged in regard to the said incident by Amar Singh at 10.40 p.m. in the Dehradun Police Station.

(3.) On completion of the Investigation, all the four accused were chargesheeted. Appellant was charged for commission of "murder" of the deceased. He was convicted and sentenced to rigorous imprisonment. Other three accused, however, were acquitted by the learned Trial Judge opining that the prosecution has not been able to prove that they had a common intention to cause the said offence. An appeal preferred by the appellant against the said judgment of conviction and sentence was dismissed by the High Court by reason of the impugned judgment. Appellant is, thus, before us.