MAHESH CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Accused-appellant Mahesh Chandra and one another Nand Kishore alias Nandu were tried for the offence punishable u/S. 302, I.P.C. read with Section 34, I.P.C. in Sessions Trial No. 32 of 2000 before the Sessions Judge, Pauri Garhwal. By the judgment dated 28-2-2001, the learned trial Court acquitted Nand Kishore alias Nandu, but convicted the accused-appellant Mahesh Chandra u/S. 302, I.P.C. read with Section 34, I.P.C. and sentenced him to undergo life imprisonment for the murder of one Chandra Mohan Kohli. Aggrieved, he has preferred this appeal.

(2.) Broad spectrum of the case and the evidence may be detailed for proper appreciation. The incident allegedly took place in between the night of 7/8-4-2000 in village Gandariyakhal, within P. S. Kotdwara, district Pauri Garhwal. The report of the incident was lodged by one Rajendra Prasad Sati at the concerned police station on 8-4-2000 at 10.30 a.m. stating that on being informed that the dead-body of Chandra Mohan Kohli was lying in the house of the accused-appellant Mahesh, he went there with certain other persons. He found that the dead-body of Chandra Mohan Kohli was lying inside the house of the accused-appellant Mahesh on a cot with an injury on his head. The F.I.R. further stated that the deceased had purchased one Bigha land from Anand Mani sometime back. Anand Mani is the husband of the sister of the accused Mahesh. It was further mentioned in the F.I.R. that on 7-4-2000 deceased Chandra Kohli, the accused-appellant Mahesh and co-accused Nand Kishore alias Nandu had consumed liquor at the house of Anand Mani during the day time. At about 10 p.m. the deceased and Nandu went to the house of the accused Mahesh where his dead-body was found. The deceased Chandra Mohan used to walk with the help of crutches that were found lying broken in the way leading to the house of the accused-appellant Mahesh. A suspicion was expressed in the F.I.R. that probably 'Mar-Pit' took place in the way. Consequent upon the lodging of such F.I.R. a case u/S. 302, I.P.C. was registered against unknown persons and the police entered into investigation. This was conducted by P.W. 9, B. R. Arya, who was S.H.O. of P. S. Kotdwar at the relevant time. The Panchnama of the dead-body of the deceased and other connected papers were prepared by P.W. 8, S. I. Govind Ballabh Joshi. Blood-stained and simple earth had been collected from the way shown by letter 'C' in the site-plan. The dead-body of the deceased was sent for post-mortem which was conducted on 9-4-2000 by P.W. 7 Dr. K. G. Sanwlya. The deceased was aged about 43 years and was of average built. About 11/2 day has passed since he died. A lacerated wound 1 cm. x 1 cm. x bone deep on the left side of the parietal region 5 cm. above left ear was found as ante- mortem injury on the person of the deceased. On internal examination, skull was found fractured over left parietal region. Brain was also found lacerated and contused with clotted blood on left side. The cause of death was shock and haemorrhage as a result of ante-mortem injury.

(3.) The defence of accused-appellant was of complete denial. According to him, the dead-body of the deceased had not been recovered from his house.