DALVEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this jail appeal, the appellant/accused has challenged the judgment and order dated 07.12.2009 rendered by learned Sessions Judge, Pauri Garhwal in S.T. No.16 of 2008, titled as 'State Vs. Dalveer Singh'. The aforesaid trial resulted into the conviction of the accused u/s 302 IPC and he has been appropriately sentenced.

(2.) An FIR was lodged by PW1 Shiv Charan Singh, grandfather of a seven months' infant who lost his life in a brutal manner at the hands of the accused. The occurrence took place on 27.12.2007 at 9:15 A.M. when the accused reached the informant's house. At that time, PW3 Roshni Devi (mother of child) was cleaning utensils. The accused picked up and threw the child on the wall which resulted into rupturing of his head, whereas the entire brain matter scattered on the ground. The remaining body was then thrown by the accused downwards the house. On hearing the screams of PW3, the villagers could manage to apprehend the accused nearby the spot. At the time of occurrence, complainant (PW1) along with his son Chandra Mohan (PW2) was busy in doing some work in their agricultural field downhill and they rushed to their house on taking note of the shrieks raised by PW3. With the aboveaverments, the FIR Ex.Ka-1 was lodged on the same day at 10:30 AM before the concerned Patwari Outpost located at a distance of about 2 kilometers from the place of occurrence. (It may be mentioned that in the extreme hills of the State, the Patwari, a revenue official, exercises all the powers of a regular Sub Inspector of Police).

(3.) Thereafter, the inquest (Ex.Ka-2), started on the date of occurrence which came to be concluded at about 03:45 PM. In the opinion of all the members of inquest, death of infant had taken place due to bursting of his head after hurling him violently on the wall as a result of which the entire brain matter spread in the courtyard. Accordingly, the opinion for post-mortem was expressed.