RAJENDRA SINGH @ RAJU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the entire material available on record. This criminal appeal arises out of the judgment and order dated 6.1.2004 passed by the Additional Sessions Judge, Haldwani, District Nainital in Sessions Trial No. 210 of 1998, whereby the sole accused Rajendra Singh Rana@ Raju has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 1,000/ -.

(2.) BRIEF facts of case are that an FIR was lodged on 09.10.1997 at 4 AM by one Manoj Singh, brother of the deceased Govind Singh, according to which, in the intervening night of 8/9.10.1997, the entire family, consisting of complainant, his wife Bina Devi, mother Parvati Devi and his younger brothers Pappu and Govind Singh (deceased) had gone to village Rajeev Nagar -I to watch 'Ramlila'. Deceased Govind Singh had left 'Ramlila' much before the members of the family. When at about 1:30 AM or so, they reached their house, they found appellant/accused Rajendra Singh Rana running away from the house towards a hand pump in the vicinity, he was carrying a Patal (a sharp edged weapon). The accused could be identified in the light of torch which was being carried by PW1 Manoj Singh. When the complainant reached inside the house, he found his brother (Govind Singh) lying dead on the floor of the house, with incised wounds all over his body. In consequence of the information given to the police of this ghastly incident, the inquest began which was completed on 9.10.1997 at about 6 AM. The members of the inquest have observed as many as 11 injuries on the body of deceased. The post mortem was also conducted on the same day, i.e. on 9.10.1997 at about 1:30 PM. In the post mortem report, fifteen incised wounds and one abrasion have been located. Subsequently, in the deposition of PW7 Dr. Narendra Singh, who conducted the autopsy, it has come that all the incised wounds could have been caused by a sharp edged weapon such as 'Patal'. Many of these incised wounds are on the head. The ante -mortem injuries, mentioned in the post mortem report, are as under: -

(3.) AN incised wound over 6 x 3 cm x muscle deep, present over left side of neck, adjacent to margin of left mandible, on exposure, muscles and great vessels cut.