SANJAY TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 21.7.1997 passed by Additional Sessions Judge (E.C. Act), Dehradun in S.T. No.59 of 1994, State Vs. Sanjay Tiwari, whereby the learned Addl. Sessions Judge (E.C. Act) convicted the appellant/accused under Section 307 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for a period of six years.

(2.) Heard learned counsel for the parties and perused the entire material on record.

(3.) In brief, the prosecution case is that Harka Bahadur (PW1) lodged a Report at Police Station Clement Town, Dehradun on 7.2.1994 with the averments that on some matter, quarrel had taken place between his son Bhagatman Gurung and Ajay Tiwari in the school. At about 7:30 PM, his son Bhagatman Gurung and Vikram Singh had gone to buy certain articles at Nai Basti Market. There brother of Ajay Tiwari, namely, Sanjay Tiwari (the appellant herein) met them and called both of them and asked why he has beaten his brother today and also told that he will not leave him alive. Thereafter, with intention to kill, the appellant/accused inflicted injuries to his son Bhagatman Gurung and Vikram Singh Thapa by knife. On the alarm, Anup Singh Negi, D.S. Bhandari and some other people of the locality arrived at the spot, who saved his son and Vikram Singh Thapa from the clutches of the appellant/accused. Thereafter the appellant/accused ran away from the place of occurrence. It is also stated that his son and Vikram Thapa have received number of injuries caused by knife. With the same averments, the FIR was lodged by Harka Bahadur at P.S. Clementown, Dehradun on the same day at 8:30 PM. That F.I.R. is Ext.Ka-1. On the basis of the FIR, Chik FIR of the case was prepared by Head Mohirror Rajendra Prasad, i.e. Ext.Ka-6. Necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-7. The investigation of the case was entrusted to Sub Inspector M.P. Ashok (PW7). Injured Bhagatman Gurung and Vikram Singh were medically examined by Dr. S.K. Nautiyal (PW5) on the same day i.e. 7.2.1994 at 9:25 PM and 9:11 PM, respectively. Injury report of Bhagatman Gurung is Ext.Ka-2 and that of Vikram Singh is Ext.Ka-3. Both the injured also remained admit in the hospital. Their bed head tickets are Ext.Ka-5 and Ka-4, respectively. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site-plan, i.e. Ext.Ka-8. The I.O. also took the bloodstained clothes of injured Bhagatman Gurung and Vikram Singh into his possession vide Fards Ext.Ka-9 and Ka-10, respectively. During the course of investigation, the I.O. also recorded the statements of the witnesses and on completion of investigation, he filed the charge sheet against the appellant/accused, i.e. Ext.Ka-12.