POORAN LAL Vs. STATE

JUDGEMENT

(1.) THIS appeal, under section 374(2) Cr.P.C, arises out against the judgment and order dated 24.12.1997, passed by Special Judge/ Additional Sessions Judge, Nainital, in S.T. No. 366 of 1996, State v. Pooran and another, whereby accused Ram Babu was found guilty for an offence under section 302/34 I.P.C. and both the accused were sentenced to undergo imprisonment for life.

(2.) THE prosecution case, in short, is that on 12.4.1996, complainant Gulzar lodged a written report, Ext. Ka.1, at P.S. Bazpur with the allegations that on 12.4.1996, he had gone to engage labour in Labour Colony Bannakhera, P.S. Bazpur and at about 8.30 P.M. in the night he saw a crowd of persons in front of the house of Ishwari Pradhan. THEre was electric light at the spot and abusive language was being used there. Accused Pooran was catching hold of Pooran son of Deep Chand and he asked his brother accused Ram Babu, who was holding an axe in his hands, to assault him. At this accused Ram Babu assaulted Pooran son of Deep Chand with his axe causing his death on the spot. THEreafter both the accused left the place of occurrence. It is further case of the prosecution that the occurrence was witnessed by Ishwari, Mahipal and several other persons. Lateron the complainant came to know that a dispute had taken place between accused persons and the deceased over video film vision. On the basis of written report, chick F.I.R. Ext. Ka.6 was prepared and a case crime No. 250/1996 under section 302 I.P.C. was registered against the accused persons vide G.D. No. 45 dated 12.4.1996, the carbon copy of which is Ext. Ka.7.

(3.) THE I.O. after completion of investigation, submitted charge-sheet, Ext. Ka.18 against the accused persons.