HARISH CHANDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 21.03.2007 passed by Sessions Judge, Bageshwar in Sessions Trial No.12 of 2006, whereby the accused/appellant Harish Chandra Singh has been convicted under section 304 of Indian Penal Code, 1860 (for short I.P.C.) and sentenced him to imprisonment for life and also directed to pay a fine of 20,000/-, in default of payment of which, the convict is directed to undergo further six months simple imprisonment.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief is that on 08.03.2006 at about 08.00 p.m. Kundan Singh (PW- 4), Sher Singh (PW-3) and Arjun Singh (deceased), all residents of village Davalchoura were returning after attending a marriage. Near the shop of Ude Singh, accused/appellant Harish Chandra Singh, Pradhan of village Davalchoura, came on a scooter and started quarrelling with Sher Singh (PW-3). Arjun Singh (deceased) tried to intervene, on which accused Harish Chandra Singh started grappling with Arjun Singh. On this, Kundan Singh (PW-4) mediated, and Sher Singh alongwith Arjun Singh started going towards their house. Again Harish Chandra Singh hurling abuses came to Sher Singh who ran away. Accused Harish Chandra Singh thereafter started beating Arjun Singh who fell down on the spot and started bleeding. Kundan Singh (PW-4) who was coming behind Arjun Singh, saw that accused Harish Chandra Singh (after Arjun Singh got injured) started massage the chest of Arjun Singh in order to provide him some relief. Sher Singh (PW-3) also come back at the spot and saw that Arjun Singh is lying unconscious. Thereafter, Arjun Singh was brought down on the road by Sher Singh. Harish Chandra Singh got informed Prem Singh (PW-2), brother of the deceased about the condition of Arjun Singh. Thereafter, Arjun Singh was taken to a Primary Health Centre, Bageshwar, from where he was referred to Base Hospital, Almora. Doctors at Base Hospital, Almora further referred the patient (injured) to Haldwani. The Doctors at Haldwani on 09.03.2006 told Prem Singh (PW-2) that Arjun Singh is not likely to be saved and advised him to take back injured to home. When Prem Singh (PW-2) and others were coming back at Bageshwar, near Bilona (District Bageshwar), Arjun Singh succumbed to injuries. His dead body was taken to the mortuary at Bageshwar. A first information report (exhibit A-1) was got scribed by Prem Singh (PW-2) on 10.03.2006 and gave to Patti Patwari, Tuped (District Bageshwar) [In the interior hills of Uttarakhand, certain Revenue Officials are given police powers, under U.P. Government Notification No.494/VIII-418-16 dated 7th March,1916]. On the basis of said report check report (exhibit A-5) was prepared after registering the crime No.1 of 2006 relating to offence punishable under section 302 IPC against accused Harish Chandra Singh. Initially investigation was done by PW-7 Yuvraj Goswami, Patwari but later the same was transferred to PW-8 Sub Inspector Preetam Singh of regular police. Before that on 10.03.2006 at about 08.30 a.m., the police had already taken the possession of dead body of Arjun Singh and prepared Inquest report (exhibit A-13). The police further prepared sketch of dead body (exhibit A-14), sample of seal (exhibit A-15), letter to Chief Medical Officer (exhibit A-16) and Police form No.13 (exhibit A-17). The dead body was sent for postmortem examination in a sealed condition. PW-5 Dr. N.S. Kutiyal conducted the postmortem examination on 10.03.2006 at 01.00 o'clock noon. He recorded seven ante mortem injuries which included five abrasions, one contusion and one incised wound. The Medical Officer opined that the deceased had died due to shock and haemorrhage as a result of ante mortem injuries recorded in autopsy report (exhibit A-4) prepared by him. After interrogating the witnesses and on completion of the investigation, the Investigating Officer submitted chargesheet (exhibit A-18) against accused Harish Chandra Singh for his trial in respect of offence punishable under section 302 IPC.