AMAR SINGH RAWAT Vs. STATE OF UTTARACHAL

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) [received through Superintendent District Jail Dehradun], is directed against the judgment and order dated 18.03.2004 passed by Second Additional Sessions Judge, Dehradun, in Sessions Trial No. 110 of 2003, whereby said court has convicted the accused/appellant Amar Singh Rawat under section 302 Indian Penal Code, 1860 (for short I.P.C), and under section 25/4 Arms Act, 1959. The convict has been sentenced to imprisonment for life and directed to pay fine of ` 5,000/-(under section 302 I.P.C), and rigorous imprisonment for a period of one year and directed to pay fine of ` 1,000/- (under section 25/4 Arms Act, 1959).

(2.) Heard learned Amicus Curiae for the appellant and learned Brief Holder for the State.

(3.) Prosecution story, in brief, is that on 25.04.2003, PW1 Ashok Kumar (complainant) along with his brother Sanjeev Kumar (PW5) and his mother Savitri Devi (deceased) were grazing there she buffaloes near Majra bypass. At about 6 pm, their neighbour Amar Singh Rawat (accused/appellant) armed with KHUKRI (Sharp edged weapon) came there and alleged that Savitri Devi had an evil eye on the buffaloes of the accused due to which they dont give sufficient milk. Thereafter accused Amar Singh Rawat assaulted on the neck of Savitri Devi with KHUKRI and injured her. When PW1 Ashok Kumar and PW5 Sanjeev Kumar rushed to apprehend accused Amar Singh Rawat, he escaped with the weapon. Immediately the two brothers took their mother, to a near by hospital from where she was referred to CMI Hospital, Dehradun. Said hospital further referred the injured to Jolly Grant Hospital, but Savitri Devi succumbed to the injuries on his way to said hospital. Thereafter, PW1 Ashok Kumar, at about 10.30, am on 25.04.2003, lodged First Information Report ( Ex-A1) at the police out post, Patel Nagar. On the basis of said report Crime No. 38 of 2003 at the outpost and ( Crime No. 244 of 2003 at the police station kotwali) was registered against the accused/appellant Amar Singh Rawat relating to offence punishable under section 302 I.P.C. The investigation was taken up by PW8 Station House Officer Om Prakash Singh. The Investigating Officer took the dead body of the deceased in his possession on 26.04.2003, and prepared the inquest report (Ex- A2) . He further got prepared other necessary papers, e.g. police form no. 13 (Ex- A10), sketch of dead body (Ex-A11), letter to Chief Medical Officer ( Ex -A12) for post mortem examination, and also prepared sample seal ( Ex- A14). The dead body of Savitri Devi was sent for post mortem examination . PW4 Dr. P.C.Kapari conducted post mortem examination on the dead body of the deceased on 26.04.2003, at 2.30 pm. He recorded ante mortem injuries including the two incised wounds on the neck of the deceased. He opined that the deceased had died due to shock and hamorrhage, as a result of ante mortem injuries. On the very day the Investigating Officer succeeded in arresting the accused/appellant Amar Singh Rawat and on his pointing out recovered the KHUKRI (knife) used in the crime. The recovery memo (Ex-A3) was prepared on 26.04.2003 in the presence of the witnesses . The blood stained soil and simple soil were taken from the place of incident and the articles including the knife were sent to the Forensic Science Laboratory for examination. After inspection of the spot, site plans were prepared of the place of incident, and the place from where the recovery of the weapon was made. After completion of the investigation, the Investigating Officer submitted charge sheet (Ex A19) against the accused/appellant Amar Singh Rawat, for his trial in respect of offence punishable under section 302 I.P.C.