JAGDISH SINGH RAUTELA ALIAS JAGGI Vs. STATE

JUDGEMENT

(1.) This criminal appeal, arises out against the judgment and order dated 17.9.1998, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 10/1992, State vs. Jagdish Singh, convicting the accused/appellant Jagdish Singh under Section 302 I.P.C. and 307 I.P.C. and sentencing him to undergo imprisonment for life U/S 302 I.P.C. and five years R.I. U/S 307 I.P.C. Both the sentences were to run concurrently.

(2.) Brief facts of the case, as emerged out from the record, are that Km. Kusum Mehta, aged about 13 years, daughter of informant Laxman Singh Mehta, was a student of class-10th in G.G.I.C. Champawat, in the year 1991. Accused Jagdish Singh used to tease her on way to school and house and used to tell impolite words. On 13.10.1991, when Km. Kusum Mehta was returning from school at about 4.00 p.m., Jagdish Singh again teased her on the way and used indecent words. Km. Kusum complained about it to her brother Ashok Mehta, who told her that he would talk to Jagdish. Then Ashok Mehta went to play cricket in the field in Guralchaur. When Ashok Mehta was coming with his friends, Jagat Singh and Shamsher Singh, towards Malli Bazar, Jagdish met them there on the way. Ashok Mehta reprimanded Jagdish Singh as to why he teases and misbehaves with his sister and taunted that he also has mother and sisters and all of them have respect. At this Jagdish Singh became angry and hurled abuses on Ashok Mehta and took out a knife and threatened to finish him. Accused Jagdish gave a knife blow to Ashok which struck on his right shoulder. After sustaining knife blow, Ashok fell down in the field and shouted for help. In the mean time accused Jagdish also gave a couple of more knife blows to him at his thigh and leg. Shamsher Singh and Jagat Singh tried to stop Jagdish, whereupon Jagdish Singh injured Shamsher Singh also on his abdomen with the knife. Thereafter accused Jagdish escaped from the place of occurrence along with his knife. This occurrence took place at about 6.00 p.m. on 30.10.1991. Jagat Singh gave the information to Laxman Singh at his house. Laxman Singh went to hospital and found Ashok Mehta unconscious there. Thereafter he lodged the report, Ext. Ka.1, at P.S. Lohaghat on 30.10.1991 at 9.20.p.m. On the basis of written report, the police prepared chick F.I.R. Ext. Ka.5, and registered a case U/S 307 I.P.C. against the accused vide G.D. Report No. 39, carbon copy of which is Ext. Ka.6.

(3.) The investigation was taken up by S.I. V.K. Nautiyal, who recorded the statement of the informant and found Ashok Mehta unconscious in the hospital. He went in search of the accused but he was absconding. Upon receipt of information regarding the death of Ashok Mehta, he converted the case U/Ss 302/324 I.P.C. He prepared inquest report Ext. Ka.7. He visited the place of occurrence and prepared site plan, Ext. Ka.10. He also seized the plain and blood- stained earth from the place of occurrence vide memo Ext. Ka.11. The I.O. also took into possession the wearing clothes of injured Shamsher Singh vide memo Ext. Ka.12. The I.O. also completed the formalities before sending the dead body for post mortem, like sketch dead body, Ext. Ka.8, Police Form No.13, Ext. Ka.9. Thereafter the investigation was transferred to S.O. Chandra Mohan Singh Rawat. On 11.11.1991, he took into possession the knife, used by the accused in the occurrence, at the instance of the accused and prepared recovery memo, Ext. Ka.13. He also prepared site plan, Ext. Ka. 14, of the place where the knife was got recovered.