STATE OF UTTARANCHAL Vs. RAJEEV FAILBUS ALIAS BHAIYU

JUDGEMENT

(1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 06.05.2002, passed by learned Sessions Judge, Almora in Session Trial No. 44 of 1998, whereby accused / respondent Rajeev Failbus was acquitted of the charge of offences punishable under Sections 302, 309 IPC.

(2.) The informant Laxman Singh Rautela wrote a complaint in Police Station Kotwali, Almora, on 21.05.1998, at 02:20 p.m., enumerating the facts contained therein that on the selfsame day, his son Yaspal Singh Rautela went to N.T.D. Crossing at 11:00 a.m. to bring the kitchen gas. His neighbour Bhaiyu Failbus, who was inimical to his son (victim), assaulted him on his head with the intention of killing him by a khukhri (curved knife). The witnesses Dhiru Martolia and Guddu Khan came there. They tried to save him, but Rajeev Failbus gave many a blows on the head of his son and fled away. Dhiru Martolia informed Laxman Singh Rautela about the incident. Laxman Singh Rautela immediately went to the place of occurrence and took his son to District Hospital, Almora. He was under the treatment of doctors, when the complaint was written. The injured was medically examined by the doctor. Subsequently, the victim died and the doctor sent the information to this effect to the Police Station, Almora. This information was entered in the G.D. No. 31 dated 21.05.1998 at 02:35 p.m. Thereafter, the inquest report was prepared in the hospital by SI Man Singh and the dead body was sealed and sent to the hospital for postmortem. The postmortem was conducted on the selfsame day at 05:00 p.m. The death, according to the doctor, was caused on account of haemorrhage and shock due to head injury. Thereafter, the investigation was conducted by the Investigating Officer. He took the statements of witnesses, prepared site plan and submitted the charge-sheet against the accused Rajeev Failbus alias Bahaiyu.

(3.) It was also alleged by the prosecution that the accused tried to commit suicide on the selfsame day by causing injuries to himself with a broken piece of glass. He was admitted to the Base Hospital, Almora. There, he was medically examined by the doctor, who prepared the injury report. He found one incised wound 1 cm 0.5 cm on the abdomen above the umbilicus. Blood was oozing, the patient was normal and in conscious state. The injury was simple. On the selfsame day again, the accused was admitted by Smt. Ratna Wilson in the Base Hospital at 02:00 p.m. Smt. Ratna Wilson told the doctor attending on the patient (accused) that he consumed an insecticide an hour ago. After medical examination of the accused, the doctor found that the accused was not in normal condition, his blood pressure was very low and the pulses also were very low. Eyesight was very weak and the eyes were red. Smell of organo phosphorus was emitting. In the opinion of doctor, accused consumed organo phosphorus.