GOVIND SINGH PANWAR Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 4.7.2000 passed by the Sessions Judge, Uttarkashi in Sessions Trial No. 7 of 1999, State of U.P. v. Govind Singh Panwar, whereby the accused appellant has been convicted under Section 304(1) of Indian Penal Code, 1860 (for short, IPC) and sentenced to undergo R.I. for eight years along with fine of Rs. 5000/-, in default to undergo six months simple imprisonment.

(2.) In brief, the prosecution case is that on 2.12.1998 at 11.45 am, PW1 Km. Geeta lodged an FIR Ex. Ka-1 with PS Kotwali, Uttarkashi with the averments that on 2.12.1998 at about 8 am, appellant accused came to her house and called her father Beer Bahadur Shahi, who was working as a Gardner at Nehru Institute of Mountaineering, Uttarkashi (for short, NIM). Thereafter in front of the office near the pond, the appellant accused caused the injuries to her father with stone due to which her father became injured and he was admitted to the hospital by the employees of NIM. On the basis of this report, NCR was registered as NCR No. 55/98 under Section 323 IPC, copy of which is Ex. Ka-3. Necessary entry was made in the GD, copy of GD is Ex. Ka-4. The injured was medically examined by Dr. Ajit Gairola (PW7), EMO, Govt. Hospital, Uttarkashi on 2.12.1998 at 10.30 am and he also prepared a medical report Ex. Ka-14. Thereafter the patient was referred to Dehradun but he died in the way to Dehradun and thereafter his dead body was again brought to Govt. Hospital, Uttarkashi on the same day and thereafter a memo in this regard Ex. Ka-15 was sent from the hospital by EMO Dr. SVS Som to the police station on the same day i.e. on 2.12.1998 and in the police station, the entry was made in the GD, copy of which is Ex. Ka-5 and the case was converted under Section 304 IPC. Investigation of this case was entrusted to Station Officer Pradeep Kumar Dobhal (PW8). Along with the inquest report, other papers, viz, photolash Ex. Ka-7, police form no. 13 Ex. Ka-8, application to the concerned Inspector Ex. Ka-9, letter to CMS Ex. Ka-10 were also prepared. Thereafter the dead body was sent for the post-mortem. Post-mortem was conducted on 3.12.1998 at 2.35 pm by PW5 Dr. DL Shah, who also prepared the post-mortem report Ex. Ka-2. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka-11. The I.O. also recovered the plain and bloodstained damar from the place of occurrence and prepared the fard Ex. Ka-12. He also recorded the statements of the witnesses during the course of investigation and after completing the investigation, he filed the chargesheet Ex. Ka-13 against the accused appellant.

(3.) Learned CJM, Uttarkashi after giving the necessary copies of the documents to the accused appellant as prescribed under Section 207 CrPC, committed the case to the Court of Sessions on 11.5.1999.