YASEEN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The challenge in this appeal is made to the Judgment and Order dtd. 6/9/2005, passed in Sessions Trial No.199 of 2002, State vs. Yaseen, passed by the court of Additional Sessions Judge/FTC Kashipur, District Udham Singh Nagar.

(2.) By the impugned order the appellant has been convicted and sentenced as hereunder:-

(3.) According to the prosecution case, on 6/3/2002 at 08:00 in the evening, the appellant entered into the house of the informant and hit him on his head with lathi, due to which, the informant sustained injuries. The wife of the informant came for his rescue, she was also attacked on her head. She fell down. She was taken to hospital but, at about 10:00 in the night, she succumbed to the injuries. A report of the incident was lodged on 7/3/2002 at 07:15 AM. A case was registered and investigation proceeded. The inquest of deceased was conducted on 7/3/2002. According to the witnesses of the inquest, the death of deceased took place due to injuries, which she sustained in the attack. Postmortem of the deceased was also conducted on 7/3/2002 at 04:30 PM. According to the doctor, the cause of death was coma as a result of ante mortem head injuries. The Investigating Officer (for short,'IO') visited the place of incident. He took into custody the clothes worn by the informant at the time of incident. He prepared site plan. He also took into custody the blood stained soil and plain soil from the place of incident. It is also the case of the prosecution that at the instance of the appellant, the weapon of the offence a lathi, which was also taken into custody by the IO on 7/3/2002. IO also prepared the site plan of the place of occurrence. After investigation, charge-sheet under Ss. 304, 452, 323 IPC was submitted against the appellant. On 1/11/2002, charge under Ss. 323, 304, 452 IPC has been submitted.