ANAND RAM ALIAS ANANDI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these criminal appeals are directed against the same judgment and order dated 25.01.2002, passed by Sessions Judge, Dehradun, in Sessions Trial No. 122 of 1997, whereby accused / appellants Anand Ram alias Anandi and Jeet Ram have been convicted under Section 457 of I.P.C. and sentenced to rigorous imprisonment for a period of two years. Each of the accused / appellants has been convicted in respect of offence punishable under Section 307 read with Section 34 of I.P.C and sentenced to rigorous imprisonment for a period of seven years and directed to pay a fine of Rs. 2,000/- each, in default of payment of which they are directed to undergo rigorous imprisonment for a period of six months. Both of them have also been convicted under Section 302 read with Section 34 of I.P.C. and sentenced to imprisonment for life and directed to pay a fine of Rs. 5,000/- each, in default of payment of which they are directed to undergo rigorous imprisonment for a period of one year. All the sentences are directed to run concurrently by the trial court.

(2.) Prosecution story, in brief, is that on 16.05.1997, P.W.5 Sohan Lal (informant) was sitting in the courtyard of his house alongwith his wife Yashoda and daughter Mamta. At about 09:00 P.M. accused Jeet Ram, armed with a scissors came there alongwith his son Anand Ram alias Anandi and started hurling abuses to informant and his family members. The accused started saying as to how they are ploughing the land of Rajesh Shukla and threatened them of dire consequences. Accused Anand Ram alias Anandi caught hold of both hands of Smt. Yashoda and accused Jeet Ram gave a blow with the scissors on her person. When the informant and his daughter Mamta came forward in order to save Yashoda, accused Jeet Ram assaulted Mamta also. On raising an alarm by the informant and his family P.W.3 Chandi Prasad, one Rishi Prasad, Ratan Mani and Narendra Singh etc. came on the spot. The informant with the help of others took his wife Smt. Yashoda and daughter to the Government Hospital, Rishikesh for treatment. Yashoda was declared 'brought dead' and Mamta was admitted in the hospital for her treatment. The informant thereafter lodged a first information report (Ext. Ka-4) with Reporting Outpost, Rani Pokhri, Rishikesh on the very day i.e. 16.05.1997. On the basis of said FIR, chick FIR (Ext. Ka-6) was prepared and crime was registered against the accused Anand Ram alias Anandi and Jeet Ram in respect of offences punishable under Section 302, 307 and 504 of I.P.C. The police took the dead body in their possession and prepared inquest report (Ext. Ka-12) and other necessary papers and the dead body was sent in a sealed cover for postmortem examination. The postmortem examination was conducted by Dr. S.C. Singhal (P.W.1) on 17.05.1993, at 02:30 P.M., who prepared autopsy report (Ext. Ka-1). The Medical Officer found one incised wound, three stab wounds and multiple contusions on the person of Smt. Yashoda as ante mortem injuries, and opined that the deceased had died of shock and haemorrhage. On the same day i.e. 16.05.1997, at 10:15 P.M., injuries on the person of Km. Mamta were examined by P.W.4 Dr. M. Chand, who recorded the same in Ext. Ka-2. The Medical Officer kept the injuries under observation and in the supplementary report injury no. 1 which was stab wound on the left side of the back of chest was found to be grievous.

(3.) Investigation of the case was initially taken up by P.W.7 S.I. Harbir Singh. He inspected the spot, prepared site plan (Ext. Ka-8), Police Form No. 13 (Ext. Ka-12), memo of recovery of simple soil and bloodstained soil (Ext. Ka-9). Accused Jeet Ram and Anand Ram were arrested and on their disclosure bloodstained scissors used in the commission of crime was recovered and recovery memo in this regard (Ext. Ka-11) was also prepared in the presence of the witnesses. After interrogating the witnesses and on completion of investigation, charge sheet (Ext. Ka-18) was filed by P.W.8 S.I. Pramod Kumar against the accused / appellants Anand alias Anandi and Jeet Ram relating to offences punishable under Section 302, 307 and 504 of I.P.C.