STATE OF U P Vs. SHANKER RAM

JUDGEMENT

(1.) This appeal preferred under Section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against judgment and order dated 08.09.1999, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 44 of 1995, whereby said court has acquitted accused/Respondent Shanker Ram from the charge of offences punishable under Section 354, and 302 of Indian Penal Code, 1860 (for short I.P.C.).

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

(3.) Prosecution story, in brief, is that on 24.05.1994, at about 5:30 a.m., P.W.2 kiri Devi, was sleeping in her courtyard in village Timta, in District Pithoragarh, when the accused/Respondent Shanker Ram started molesting her. On this, she woke up and raised alarm, and her husband Hari Ram and father -in - law Sher Ram (both deceased) came there. They attempted to save her but, accused/Respondent Shanker Ram picked up a piece of long wood, and assaulted Sher Ram and Hari Ram who suffered injuries. Sher Ram died at the spot. Hari Ram who was taken to near by Primary Health Center, Gangolihat. After examining his injuries, and considering his condition he was referred to District Hospital, Pithoragarh. However, he succumbed the injuries on his way to the District Hospital. P.W.6 Diwani Ram (son of deceased Sher Ram and brother of deceased Hari Ram) got scribed first information report (Ex. A7) (for short FIR) through one Fakir Ram (P.W.5), and gave it at police outpost Gangolihat, on the same day(24.05.1994) at about 12:30 noon. It is stated in said report that when other villagers came to the spot, accused Shanker Ram threw the piece of long wood in a bush, and ran away. On the basis of said report, crime No. 25 of 1994, was registered, and investigation was taken up by CW1 Sub-Inspector Gainda Lal Diwakar. He went to the spot, took dead body of Sher Ram in his possession, and prepared inquest report (Ex.A6) at about 4:00 P.M.. He got prepared other connected papers, sketch of the dead body (Ex. A13), police form No. 13 (Ex. A14), sample seal (Ex. A15), and letter to Chief Medical Officer (Ex. A16) requesting for post-mortem examination. He interrogated the witnesses, and prepared site plan (Ex. A17). Hari Ram @ Hari Prasad , the another injured, died on his way to District Hospital, Pithoragarh, at about 7:55 P.M., (24.05.1994). His dead body was taken into custody on the next day i.e. 25.05.1994, at about 8:30 a.m., from the mortuary in Pithoragarh, and inquest report (Ex. A8) was got prepared by S.I. R.S. Gautam, who also got prepared sketch of the dead body (Ex. A18), police form No. 13 (Ex. A19), letter to Chief Medical Officer (Ex.A20) requesting for post-mortem examination, and the bodies were sent for autopsy in a sealed condition. P.W. 4 Dr. G.K. Sharma, conducted post-mortem examination on the two dead bodies on 25.05.1994, and autopsy report (Ex. A2) in respect of body of Sher Ram, and autopsy report (Ex. A3) in respect of dead body of Hari Ram @ Hari Prasad were prepared. The said medical officer after recording the ante-mortem injuries of the two deceased, opined separately that each one of them had died of head injuries due to ante-mortem injuries. Before Hari Ram was was referred to District Hospital , P.W.3 Dr. Ram Babu of Primary Health Center, Gangolihat, recorded injuries found in his person at about 10:00 am, and prepared report (Ex. A1). The investigation was transferred to P.W.9 Station Officer P.K. Upreti , who completed the same. Meanwhile, earlier Investigating Officer had recovered the piece of long wood used in the crime , and recovery memo (Ex.A4) was prepared on the very day (24.05.1994). The first Investigating Officer had also already taken blood stained soil, and plain soil from the spot and prepared memorandum (Ex. A5). The subsequent Investigating Officer got sent blood stained soil and the long piece of wood for chemical analysis to Forensic Laboratory, Agra. The report (Ex. A22) was received from the laboratory with the finding that items sent for examination contained blood stains. On the blood stained soil it was observed that it contained human blood spot. As to the piece of wood, it was mentioned that due to disintegration the blood could not be classified. In the clothes of the deceased, human blood stains were found. On completion of investigation, subsequent Investigating Officer submitted charge sheet (Ex. A21) against the accused Shanker Ram for his trial in respect of offences punishable under Section 354, and 302 IPC.