BHAGAT RAM UDAI RAM JOGA RAM Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred under Section 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 05.06.1995 passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 45 of 1993 State v. Bhagat Ram and Ors., whereby the learned Sessions Judge has convicted the appellants/accused Bhagat Ram, Udai Ram and Joga Ram Under Section 304 (Part II) r/w Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to four years ' rigorous imprisonment with fine of Rs. 2,000/ - each and in default, to undergo further R.I. for a period of six months each. The appellants -accused were further been convicted Under Section 323 r/w Section 34 IPC and each of them was sentenced to six months ' R.I. with fine of Rs. 500/ - each and in default to undergo further R.I. for one month each. All the sentences were directed to run concurrently.

(2.) IN view of the death report of appellant No. 3 -Joga Ram given by CJM Pithoragarh on 18.6.2009, the appeal filed by him already stood abated vide this Court 's order dated 26.6.2009.

(3.) IN brief, the prosecution case is that complainant Kaustuba Nand Bhatt (P.W.3) lodged an FIR stating therein that in the evening of 17.3.1992, his nephew Brijesh Kumar Pant along with Bhuvesh Pant (PW5), Kamlesh Pant (PW6), Bhuwan Chandra Pant (PW1) and Rakesh Pant had gone to the market of Berinag for the purposes of shopping on Holi occasion. At about 9 PM, the complainant was informed by Bhuvesh Pant that at about 8:45 PM when they reached on the way in front of the house of appellant -accused Udai Ram, the appellants -accused Bhagat Ram, Udai Ram and Joga Ram (now deceased) were hurling abuses to Sabhapati of the village in connection with construction of a latrine. When Bhuvesh Pant and his associates asked the appellants -accused not to abuse, on this the appellants accused committed Marpit them with Lathis and pelted stones. The appellants -accused also beaten Brijesh Kumar with Lathis in the courtyard of former Pradhan where he was lying unconscious. On this, the complainant along with the other villagers went there and saw that Brijesh Kumar was lying unconscious. Soon thereafter, he was taken to the hospital where after some minutes he succumbed to his injuries. With the same averments, the FIR Ex.Ka -3 was lodged by P.W.3 Kaustuba Nand on 17.3.1992 at 10:55 PM at P.S. Berinag, Distt. Pithoragarh. On the basis of the FIR, Head Moharrir Harsh Singh prepared the Chik FIR of the case, i.e. Ex.Ka -8. The entry was also made in the G.D. by him, i.e. Ex.Ka -18. The investigation of this case was entrusted to P.W.8 S.O. Anand Singh Gusain. Thereafter, the inquest of dead body was prepared, the inquest report is Ex.Ka -9. Along with the inquest report, other necessary documents viz. sketch of dead body Ex.Ka -10; Police Form No. 33 Ex.Ka -11; Police Form No. 13 Ex.Ka -12; letter sent to CMO by I.O. Ex.Ka -13 and specimen of seal Ex.Ka -14, were also been prepared. Autopsy on the dead body of Brijesh Kumar Pant was conducted on 18.3.1992 at 1:10 PM by P.W.7 Dr. B.S. Bisht and post -mortem report Ex.Ka -7 was prepared. Injured Bhuvesh Pant (PW5) was also medically been examined by P.W.4 Dr. Arvind Kumar Chaudhary on 18.3.1992 at 11 AM and injury report Ex.Ka -4 was prepared. Likewise injured Rakesh Kumar was also medically been examined by the same medical officer on the same day at 10:45 AM and injury report Ex.Ka -5 was prepared. Similarly, injured Kamlesh Kumar (PW6) was also been examined on the same day by the same medical officer at 11:10 AM and injury report Ex.Ka -6 was prepared. The I.O. also prepared the Fard for recovering the articles from the place of occurrence viz. sugar, wheat flour, potatoes and semolina scattered over there, i.e. Ex.Ka -1. The I.O. also got recovered the blood stained clothes of the injured Kamlesh Pant and prepared a Fard, i.e. Ex.Ka -2. The I.O. also prepared the site plan of the place of occurrence i.e. Ex.Ka -15. He also prepared the site plan of the place where the deceased Brijesh was said to be fallen down, i.e. Ex.Ka -16. The I.O. during investigation recorded the statements of witnesses and after completing the investigation, submitted the charge sheet against the appellant/accused in the court, i.e. Ex.Ka -17.