ASHWANI PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) On 21st June, 2002, at 06:40 a.m., a First Information Report was filed by Abdul Sattar Khan PW3 alleging theft of cash of Chhayadeep Cinema Hall belonging to him and murder of Harikishan Thapa, the victim. In the First Information Report, appellants Ashwani Pal and Sachin Pal as well as one Rajveer @ Vicky were accused. The First Information Report was investigated, whereupon, a charge sheet was filed. Cognizance thereon was taken and charges were framed. Accused persons pleaded not guilty. Accordingly, trial commenced.

(2.) In the First Information Report, it was alleged that on 20th June, 2002, at 10:40 p.m., after the last show was over, the informant, after locking up the Hall, went to his residence. At that time, the victim, who was the watchman; appellant Sachin Pal, who was the Posterman; Rajveer @ Vicky, who used to organise cycle stand; and appellant Ashwani Pal, who is the brother of appellant Sachin Pal, were present at the Cinema Hall. It was stated that, at 06:15 a.m. of 21st June, 2002 in course of morning walk, informant reached the Cinema Hall, but did not find the victim, but appellant Ashwani Pal was there. On enquiry, appellant Ashwani Pal told the informant that, on the previous night, the victim, appellant Sachin Pal and Rajveer @ Vicky went towards the back side of the Cinema Hall, where after, he did not see them. Informant, then, took appellant Ashwani Pal with him to the booking office of the Cinema Hall and found its door open and the cash in the drawer missing and the belongings scattered. He, then, along with appellant Ashwani Pal, went near the canteen and found the body of the victim lying in a pool of blood outside the ladies bathroom near the canteen. Appellant Ashwani Pal informed the informant that, after murdering the victim, appellant Sachin Pal and Rajveer @ Vicky fled with the cash. Thereafter, appellant Ashwani Pal too fled. The charge sheet accepted the said version contained in the First Information Report. The contents thereof were supported by the post mortem report and recovery memo suggesting recovery of a saw blade and cash amounting to Rs. 7,600/-. It also accompanied inquest report; recovery memo of soil and blood stained soil; recovery memo of one torch, two cells and a bunch of keys; recovery memo of the seal of the said Cinema Hall; recovery memo of blood stained t-shirt; copy of G.D.; and site map.

(3.) At the trial, prosecution produced 8 witnesses. PW1 Dr. K.B. Joshi was the doctor, who prepared the post mortem report. In the post mortem report, which was proved by PW1, it was stated that the cause of death was due to ante mortem injuries. It was indicated that the victim suffered a wound measuring 13x4 cm. in front of neck just above hyoid bone. It was stated that trachea of the victim was cut. The victim had 150 ml. semi-digested food in stomach and semi-digested food and gas in small intestine as well as faecal matter and gas in large intestine. PW1 opined that the death could be caused in the intervening night of 20th / 21st June, 2002 by a sharp-edged weapon like saw blade.