STATE Vs. MANOJ NEGI

JUDGEMENT

(1.) This appeal, under Section 378(3) Cr.P.C., arises out against the judgment and order dated 8.8.1997, passed by II Addl. Sessions Judge, Dehradun, in Special S.T. No. 1/1996, State v. Manoj Negi and others, under Section 147, 148, 149, 302 I.P.C. and 3(2)5 S.C. S.T. Act and Section 25/4 Arms Act; Special S.T. No. 2/1996, State v. Suresh Chauhan, under section 25/4 Arms Act; S.T. No. 296/1996, State v. Rajan Mamgain, under section 25/4 Arms Act; S.T. No. 297/1997, State v. Rakesh Sondha, under section 25/4 Arms Act and S.T. No. 302/1996, State v. Ramesh Negi, under section 25/4 Arms Act. The learned trial Court has acquitted all the accused persons Manoj Negi, Ramesh, Rajan, Suresh Chauhan and Rakesh, from the charges levelled against them in the above trials.

(2.) The prosecution story, in short, is that on 13.7.1995 Smt. Lajwanti lodged a written report, Ext. Ka.3 at P.S. Raipur, District Dehradun mentioning therein that her son Deepak is serving in O.L.F. Factory Raipur. On 13.7.1995 she had gone to the Factory in order to call her son for some domestic work and when she was returning in Factory vehicle No. HID 161, then Mukesh boarded the bus outside the Factory and when at about 4.30 P.M. the vehicle stopped at Tapovan Tiraha, suddenly Manoj Negi, Ramesh Negi armed with Khukari and Rajan, with hockey stick entered inside the bus. Besides them, two other persons also boarded the bus with hockey sticks. All these persons started beating her son with intention to kill him. On raising alarm by her the accused persons left her son in serious condition and started running away from there. The further prosecution story is that on raising alarm by her, police constable Brij Bhusan, Sher Singh and Krishna Kumar also arrived there and they caught Manoj Negi with Khukari and the other persons ran towards Tapovan riding in a scooter. The injured was brought to Hospital in that very bus. On the basis of written report, chick F.I.R., Ext. Ka.7 was prepared and a case was registered in the G.D., copy of which is Ext. Ka.10. The deceased has died on 13.7.1995 due to the injuries and the inquest report Ext. Ka. 15 was prepared by S.I. G.K. Trivedi. He sealed the dead body and prepared sample seal Ext. Ka.7. After preparing necessary papers, the dead body was sent for post mortem.

(3.) The autopsy on the dead body of the deceased was conducted by P.W.3, Mahesh Kumar Joshi, on 14.7.1995 at 2.00 P.M. in Doon Hospital, Dehradun. The doctor found as many as 17 incised wounds of different size on the body of the deceased. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of ante-mortem injuries. The doctor has prepared post mortem report, Ext. Ka.2.