BHUPESH RAM 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 1st of March 2011, passed by Sessions Judge, Bageshwar, in Sessions Trial No. 22 of 2010, whereby said court has convicted accused / appellant Bhupesh Ram under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced him to imprisonment for life.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 01.09.2010, it was day of KRISHNA JANMASHTAMI. In the fields of village Sitoli Bhakadpanth, in District Bageshwar, some students and children started playing cricket at about 10:00 A.M. At about 11:00 A.M., accused / appellant Bhupesh Ram started batting. One Pawan Kumar was bowling, and another Pawan Kumar was keeping wickets. Prakash Ram (deceased) was standing on fielding position. When a ball after touching the bat caught by the wicketkeeper, the bowler and fielders shouted that Bhupesh Ram was out. But, he did not agree with the decision. Due to that reason quarrel started between Bhupesh Ram and Pawan (wicketkeeper) and others. Prakash Ram sided with the wicketkeeper. Bhupesh Ram, thereafter went to his nearby house, and after sometime came back at around 11:30 A.M., snatched the bat from one of the players, and gave blow on the head of Prakash Ram. Injured Prakash Ram fell down and started vomiting blood. This stopped the game. Injured was taken to District Hospital, Bageshwar, where his injuries were examined by P.W. 5 Dr. Jitendra Bhatt, at about 02:45 P.M. (on 01.09.2010). After preparing injury report (Ext. A -3), since the condition of the patient was getting serious, the Medical Officer referred him for further treatment to higher center. On 02.09.2010, injured Prakash Ram was admitted in Krishna Nursing Home, Haldwani. There he was kept in Intensive Care Unit, and preparation started for surgery. On 3rd of September 2010, P.W. 1 Mohan Ram (uncle of the deceased) gave a written report (Ext. A -1) to the Naib Tehsildar, Kanda (District Bageshwar) to get lodged first information report. (In Uttarakhand hills vide U.P. Government Notification No. 494 / VIII -418 -16 dated 7th March 1916, certain revenue officials are given police powers). On the basis of said report, Naib Tehsildar, Kanda, registered Crime No. 04 of 2010, relating to offence punishable under Section 307 of I.P.C. against accused Bhupesh Ram, and prepared check report (Ext. A -11) on 03.09.2010, at 06:00 P.M. On the next day i.e. 04.09.2010, Prakash Ram succumbed to injuries in the hospital at Haldwani. The local police at Haldwani took the dead body of deceased in their possession, and got prepared inquest report (Ext. A -5) with the help of Asstt. Sub Inspector Kewalanand Pathak (P.W. 6), who not only prepared the inquest report, but also prepared other necessary papers like sketch of the dead body (Ext. A -6), police form No. 13 (Ext. A -7), sample seal (Ext. A -8), and letter to the Chief Medical Officer (Ext. A -9) requesting for postmortem examination. It appears that the dead body was sent in sealed condition for postmortem examination. P.W. 7 Dr. S. Anwar of Base Hospital, Haldwani, conducted postmortem examination on the dead body of Prakash Ram on 04.09.2010, at 03:00 P.M. He recorded the ante mortem injuries on the head of the deceased. In the autopsy report (Ext. A -10), said Medical Officer opined that deceased had died of shock and haemorrhage leading to coma, as a result of ante mortem head injuries. Meanwhile, P.W. 8 Balwant Singh Rawat, Naib Tehsildar, interrogated the witnesses and inspected the site. He arrested the accused, and bat used in the crime was also recovered during investigation. On completion of investigation, charge sheet (Ext. A -15) was filed by the Investigating Officer against Bhupesh Ram (accused / appellant), for his trial in respect of offence punishable under Section 302 of I.P.C.