DINESH SINGH KORANGA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order dated 31.01.2011 passed by Sessions Judge, Bageshwar in Sessions Trial No. 18 of 2010 whereby learned Sessions Judge was pleased to hold the appellant guilty for the offence punishable under Section 304 I.P.C. and sentenced him to undergo 10 years rigorous imprisonment and to pay fine of Rs. 20,000/ - and in default of making payment of fine, to undergo additional simple imprisonment of one year under Section 304 I.P.C.

(2.) BRIEF facts of the present case, inter alia, are that PW 2 Meharban Singh lodged an FIR with police station Kapkot, District Bageshwar on 01.09.2010 at 06.10 p.m. stating therein that on 31.08.2010 at about 05.30 p.m., his daughter -in -law PW 1 was working in front of her house, meanwhile, appellant teased her and used abusive language; his mother Smt. Gopli Devi came out; Gopli Devi and PW 1 Geeta Koranga resisted the appellant; meanwhile, PW 1 Geeta Koranga could manage to run inside the home; appellant started assaulting Gopli Devi by giving fist blow on the neck of Gopli Devi; having seen the appellant assaulting Gopli Devi, PW 2, his son Ramesh Singh, his younger sister Rajanti Devi rushed towards the spot; appellant ran away from the spot; Gopli Devi on the way to Banlekha, succumbed to her injuries; neighbour Deepa Devi and Kunwar Singh, Ratan Singh also witnessed the incident. On the report of PW 2, check FIR No. 494 of 2010 was registered.

(3.) HAVING investigated the matter, police submitted a charge -sheet against the appellant for the offences punishable under Section 294, 304 I.P.C. Learned trial court framed charges against the appellant for the offence punishable under Section 294, 304 I.P.C. Appellant denied the charges and claimed trial.