MRINAL DHALI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 27.10.2005 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 281 of 2004, whereby said Court has convicted accused / appellant Mrinal Dhali under Section 302 of the Indian Penal Code, 1860 and sentenced him to imprisonment of life and also directed to pay a fine of 25,000/- in default of payment of which he has been further directed to undergo rigorous imprisonment for a period of one year.

(2.) We have heard learned counsel for the appellant, learned Addl. Government Advocate for the State and perused the lower court record.

(3.) Prosecution story in brief is that on 31.05.2004 P.W.1 Naresh Mandal (informant) lodged a First Information Report (Ext. Ka-1) with Reporting Outpost, Police Station Sitarganj stating that the informant is resident of Village Ratan Farm No.1 (Nirmal Nagar) and Mrinal Dhali (accused / appellant) used to live in his neighborhood. It is alleged in said FIR that their fields were separated by medh (a small stone symbolising demarcation of fields) and they often have altercation in relation to said medh. On 30.05.2004 the informant had gone to the Village Pradhan and when he came back at about 11:00 A.M., he found Mrinal Dhali (accused / appellant), his mother Putul Dhali and wife quarrelling with informant's wife and children. At that time Ranjeet Dhali resident of Guru Arbind Nagar, Ratan Farm No. 2 also came there and on his intervention the quarrel was diffused. It is also stated by the informant that he had gone to the Sabhapati of the village at about 8:15 P.M. and when he came back at about 9:00 P.M. he found his child lying in a critical condition. When inquired, his wife Naintara told the informant that at about 8:30 P.M. Amit (victim and son of the informant) was in the courtyard and she was inside the house. On hearing some sound when she came running outside, she saw that Mrinal (accused / appellant) was pressing the neck of the child in the courtyard. When she pounced on him in order to save her child, Mrinal pushed her and her child and then fled away from there. During night they applied massage on the neck of the child, but at about 4:00 A.M. when the condition of the child deteriorated they took him to Shakti Farm Hospital but by the time the child had died. On the basis of said First Information Report, chik FIR (Ext. Ka-2) was prepared and crime no. 32 of 2004 was lodged against the accused / appellant Mrinal Dhali in respect of offence punishable under Section 302 of I.P.C. The police took the dead body in their possession, prepared inquest report (Ext. Ka-6) and the dead body was sent in a sealed cover for post mortem examination. The postmortem examination was conducted by Doctor Chandra Prakash (P.W.6) on 31.05.2004 at 4:40 P.M. and recorded the postmortem injuries in his report (Ext. Ka-5). The Medical Officer found two abraded contusions and one multiple contusion on the dead body. According to the Medical Officer the cause of death was asphyxia due to strangulation. The investigation of the case was taken up by S.I. S.N. Mishra (P.W.7). He interrogated the witnesses, inspected the spot and prepared police form No. 13 (Ext. Ka-8), sketch of the dead body (Ext. Ka- 9), sample seal (Ext. Ka-10) and letter (Ext. Ka-11) to the Chief Medical Officer requesting for postmortem examination. He also prepared site plan (Ext. Ka-13) of the place of occurrence. On 02.06.2004, investigation of the case was taken up by Inspector Chandra Lal (P.W.8). The accused / appellant was arrested on 09.06.2004 by S.I. S.N. Mishra (P.W.7). After interrogating the witnesses and on completion of investigation, the Investigation Officer submitted charge sheet (Ext. Ka-14) against accused Mrinal Dhali for his trial in respect of offence punishable under Section 302 of I.P.C.