SATISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the judgment and order under appeal, Appellant Satish Kumar has been found guilty of having committed an offence punishable under Section 302 of the Indian Penal Code and, accordingly, has been sentenced to life imprisonment and has also been directed to pay a fine of Rs. 5,000/- and, in default of paying the same, to undergo one year's additional imprisonment.

(2.) A First Information Report was filed by PW1 Prakash Chauhan. In that, it was stated that the victim Dinesh Kumar is the nephew of PW1. It was stated that the victim used to sell chaat and, for that purpose, used to have aamchur grinded at the shop of PW1. It was stated that on 29th May, 2004, at about 05:45 a.m., victim was coming for the purpose of grinding aamchur when the father of the Appellant (Raghubir) caught hold of the victim and the Appellant stabbed the victim in front of the residence of PW3 Mahi Lal. It was also stated that the Appellant was a tenant of PW3. It was stated that the victim made noise, which brought PW3 and PW5 Vijay Pal to the spot. Appellant and his father fled away. The victim was, thereupon, taken to the Doon Hospital, where he was medically examined by PW12 Dr. Hemant Bhardwaj. The victim was, thereupon, taken to Mahant Indresh Charan Das Hospital, Patel Nagar, Dehradun, for better treatment. After getting the victim admitted in the said hospital and leaving PW5, who was the brother of PW1, PW1 returned and lodged the First Information Report. The said First Information Report was registered in respect of commitment of cognizable offences punishable under Sections 324/504/506 of the Indian Penal Code.

(3.) PW14 S.I. Rameshwar Prasad Purohit investigated into the allegations made in the First Information Report. He prepared the site plan of the spot, where the incident allegedly took place. He also went to Mahant Indresh Charan Das Hospital to record the statement of the victim on 29th May, 2004; 30th May, 2004; 1st June, 2004; and 2nd June, 2004, but could not record his statement as the victim was unconscious. On 2nd June, 2004, he took the blood-stained cloths of the victim and prepared recovery memo thereof. On 2nd June, 2004, itself, he arrested the Appellant at 07:00 p.m. and recovered his blood-stained shirt and prepared recovery memo thereof. On 4th June, 2004, victim died and, accordingly, the case was converted under Section 302 of the Indian Penal Code. After completion of the investigation, charge sheet was filed. On the basis thereof, charges were framed under Section 302, read with Section 34, of the Indian Penal Code against the Appellant and his father. Both of them denied having committed the crime alleged against them. Hence, trial commenced.