MADAN KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9.9.2004, passed by the Sessions Judge, Dehradun, whereby the appellants have been convicted for the offence under Section 304 (II) IPC and each one of them has been sentenced to undergo rigorous imprisonment for three years.

(2.) Facts of the case are that on 29.3.2002 at 12.45 PM, a report was lodged by Amarjeet (PW3) stating that at 12 noon on the said date, while celebrations of 'Holi Milan' were going on, a scuffle took place between the appellants and informant's Balmeek Tanti (deceased) on the issue of changing the cassette of deck. The deck was being played by Balmeek Tanti and the appellants insisted for changing the cassette. In the scuffle, Bameek Tanti fell down and died at the spot.

(3.) After investigation, the police submitted the chargesheet against the accused appellants for the offence under Section 304 IPC. The trial court framed the charge for the said offence against the accused appellants. The prosecution, in order to prove its case, examined as many as six witnesses. Out of the six prosecution witnesses, PW1, PW2 and PW3 are the eyewitnesses of the alleged incident, PW4 is the scribe of the report, PW5 is the Investigation Officer and PW6 is the doctor who conducted the autopsy of the dead body. After examination of the prosecution witnesses, statements of the accused appellants were recorded under Section 313 CrPC wherein though the appellants admitted the death of Balmeek Tanti in the scuffle and their presence at the spot on the relevant date and time but stated that it was not known as to on whose push, the deceased fell down and died.