GIRISH RAM AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 21.09.2007 rendered by Sessions Judge, Almora in Sessions Trial No. 3 of 2006 wherein appellants Girish Ram and Prem Kumar were held guilty for the offence under Sec. 304 part II read with Sec. 34 of the Indian Penal Code (hereinafter called as "IPC") and they were sentenced to undergo 10 years rigorous imprisonment whereas third accused Rajendra Singh, who was also tried in the said sessions trial was acquitted of the charge, by giving him benefit of doubt. Initially, all these accused persons were chargesheeted and tried for the offence under Sec. 302 Penal Code but the trial ended in holding appellants guilty for the offence stated above instead of Sec. 302 IPC.

(2.) The prosecution was initiated by Rahul Joshi, son of deceased. He lodged First Information Report on 12.09.2005 at 03.00 p.m. at local patwari circle stating therein that his father (Girish Chandra Joshi) accompanied with all the accused persons on dated 11.09.2005 to Lamgara market, which is the nearest one, located at a distance of few kilometers from his village. In that market, deceased Girish Chandra Joshi consumed booze along with all accused persons. At the time of returning home, all the accused persons manhandled his father and left him in the house of Diwan Singh, son of Har Singh, located in village Baghar, Kanwal Dhura. This house was lying on the way while accused were returning to their respective houses. Deceased Girish Chandra Joshi was left there in subconscious state where in the intervening night of 11/12 Sept., 2005 he succumbed to the injuries caused by accused persons on his body. This First Information Report is Exhibit Ka-1, chik whereof is Exhibit Ka-3. Inquest report is Exhibit Ka- 4 wherein witnesses named have found injuries upon body of deceased. Autopsy was conducted in the District Hospital, Almora by Dr. S.C. Pant. He has recorded ante mortem injuries on the body of deceased on 13.09.2005 at 01.45 p.m. and has opined that cause of death was head injury, which made deceased into coma. This report is Exhibit Ka- 2. It would be worthwhile to reproduce the injuries, which were found on the body of deceased, which are as under:

(3.) After investigation, chargesheet (Exhibit Ka- 12) was submitted against all the three accused persons. Prosecution has examined three fact witnesses viz. PW1 Diwan Singh, PW2 Rekha, wife of Diwan Singh, PW 3 Mohini Devi, wife of deceased Girish Chandra Joshi. Rahul Joshi, reporter of First Information Report was examined as PW4; Dr. S.C. Pant was examined as PW5 and Trilok Singh Bisht, the Investigating Officer was examined as PW6.