DHOORI @ BALBIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) IN this case, previously Mr. S.S. Negi, Advocate was representing the appellant but he expressed his inability to argue the matter due to lack of instructions, despite of the communications extended by him to the appellant several times. So, this Court has heard Mr. Asif Ali, learned amicus curiae for the appellant and Mr. Nandan Arya, AGA for the State and also perused the entire material available on record.

(2.) THIS appeal challenges the judgment and order of conviction dated 9/11.7.2002 rendered by the Additional Sessions Judge, Dehradun in S.T. No. 3/1999, State Vs. Ghuri @ Balbir Singh. The accused/appellant was found guilty for the offence of Section 307 IPC and was sentenced to undergo seven years' R.I. with fine of Rs. 5,000/ -. Out of the fine, so deposited, an amount of Rs.3,000/ - was directed to be paid to the injured Subhash Chandra.

(3.) IT would be relevant to mention at this stage the injuries which were found on the body of injured on 7.11.1997 at 8:45 PM, which were found within just half an hour of the incident. The injuries recorded in the injury report Ex.Ka -4 are as under: -