HAYAT SINGH BORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 12.06.2002, passed by Sessions Judge, Pithoragarh in Sessions Trial No. 10 of 1999, whereby accused / appellant Hayat Singh is convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to imprisonment for life, and directed to pay fine of Rs. 20,000/- in default of payment of which he has been further directed to undergo imprisonment for a period of one year.

(2.) Heard learned counsel for the appellants, learned Addl. Government Advocate for the State, learned counsel for the complainant and perused the lower court record.

(3.) Prosecution story, in brief, is that, Sapan Kumar Sarkar lodged a first information report (Ext. Ka-1) with police station Didihat, District Pithoragarh stating therein that on 27.01.1999, he along with Dayal Kumar Haldhar, Ravindra Nath Mandal, Chiranjeet Roy were talking to each other in the courtyard of rented accommodation of Asit Kumar Mandal, who is known to them and is an associate of Kanyal Painter. At about 01:30 P.M. his neighbour Hayat Singh Bora, who is a vegetable vendor, came there hurling abuses on Asit Kumar Mandal complaining that he keeps ill-will towards him. He took out a knife from his pocket, pounced upon Asit Kumar Mandal and in an attempt to kill him struck two blows of knife on his chest. Sapan Kumar Sarkar (informant) and others rushed to save him, but by then Asit Kumar Mandal started yelling due to injuries suffered by him and blood started pouring out of his chest. In the meantime, Hayat Singh fled from the scene of occurrence wielding knife and threatening them. Asit Kumar was immediately taken to hospital where he succumbed to the injuries suffered by him. It is also mentioned in said report that Hayat Singh Bora had killed Asit Kumar and his dead body is in the hospital. On the basis of said first information report, chik FIR (Ext. Ka-7) of the incident was lodged against the accused on 27.01.1999 i.e. on the same day of incident.