ANAND BIHARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants 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 28.10.1999 passed by Special Judge/Additional Sessions Judge, Nainital in S.T. No.602/1996, State v. Anand Bihari and another, whereby the learned Addl. Sessions Judge convicted the appellants-accused Anand Bihari and Ram Naresh under Section 304 II of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced them to undergo rigorous imprisonment for a period of five years with a fine of Rs.2,000/- and in default of payment of fine, two months simple imprisonment was further awarded to them. Appellant-accused Ram Naresh was further convicted under Section 323 of IPC and was sentenced to one years R.I. Both the sentences of appellant-accused Ram Naresh were directed to run concurrently.

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

(3.) In brief, the prosecution case is that Bal Mukund Maurya lodged a First Information Report at Police Station Rudrapur, District Udham Singh Nagar stating therein that he and the appellant-accused Anand Bihari were working in the same department. One month back, the complainant had asked for a sum of Rs.200/- on credit from the appellant-accused Anand Bihari and the appellant-accused Anand Bihari had also assured to give the same to him. But when the complainant was in need of money, appellantaccused Anand Bihari refused to give money to him. On 5.4.1996, the complainant was going to his house after taking certain articles from Haldi Bazar. Appellant-accused Ram Naresh was also with the complainant, who asked him that why he is getting annoyed with his father (appellant-accused Anand Bihari) for the money. The complainant tried to make him understand but all were in vain and, at 8:15 PM, appellant-accused Ram Naresh caused injury on his eye by his fists due to which he received several injuries. Thereafter, he reached his house and on seeing the injuries of complainant, his son, Nirankar Maurya, went to the house of appellant-accused Anand Bihari to complain about the above-said incident, but on the way, appellants-accused Anand Bihari and Ram Naresh surrounded him and beaten him with kicks and fists. His son received a number of injuries. In the night, his another son Niranjan Maurya and Chandra Kishore took his son Nirankar to Government Hospital, Rudrapur where he succumbed to his injuries. It is further stated that the said incident was witnessed by Satish Sachan, Arun Kumar and Chandra Kishore, who also tried to save his son from the clutches of the appellants-accused. With the same averments, Bal Mukund Maurya lodged the First Information Report at P.S. Rudrapur, District Udham Singh on 6.4.1996 at 9:30 AM, which is Ext.Ka-1. On the basis of this FIR, Chik FIR of the case was prepared by Head Constable Om Veer Singh, i.e. Ext.Ka-7. Necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-8. The investigation of this case was entrusted to PW5 Sub Inspector Som Veer Singh. On 6.4.1996 at 10 AM, injured Bal Mukund Maurya was medically examined by PW3 Dr. Prabhakar Singh, who after the medical examination, prepared the injury report, i.e. Ext.Ka-3. Inquest report of the dead body of deceased Nirankar Maurya was prepared, i.e. Ext.Ka-2. Thereafter, the dead body was sent for post-mortem examination. On 6.4.1996 at 4:15 PM, post-mortem of the dead body of deceased was conducted by PW4 Dr. Arvind Kumar Agarwal, who prepared the post-mortem report, i.e. Ext.Ka-4. During the course of investigation, the I.O. recorded the statement of witnesses, inspected the place of occurrence and prepared the site-plan, i.e. Ext.Ka-5 and on completion of investigation, he filed the charge sheet against the appellants-accused, i.e. Ext.Ka-6.