BANWARI LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal preferred under Sec. 374 read with 389 of the Code of Criminal Procedure, 1973 (for short "the Code ") is directed against judgment and order dated 16/17/8/2013, passed by learned Sessions Judge, Pithoragarh in Sessions Trial No. 17 of 2012, State Vs. Banwari Lal, whereby the said court, on conclusion of trial held the appellant guilty for the offence under Sec. 302 IPC and sentenced him to undergo rigorous imprisonment for life, with a fine of ?20,000/-, and in default of making payment of fine the convict was directed to undergo six months additional simple imprisonment.

(2.) Facts of the case, in brief, are that on 17/6/2012 complainant P.W.1-Ganesh Dhami made a complaint (Ex. Ka1) to Police Station Didihat with allegations that he and his cousin Deepak Dhami used to do labour work and were residing in the house of Prithawi Raj Singh Chufal; on 16/6/2012 he had gone to his work leaving behind his cousin; when he came back in the morning on 17/6/2012 at 06:30 A.M., he found his cousin lying on bed with a severe injury on his forehead with profuse bleeding; he informed his landlord and with help of his 3-4 associates, he took his injured cousin to Didihat hospital, doctors thereafter referred the injured to District Hospital, Pithoragarh. Accordingly, he took his brother to the said hospital, where his brother was declared brought dead; previously a labour from Lakhimpur Kheri (the accused) used to live with them, in the same room. However, 4-5 days before he had a quarrel with the deceased, therefore, he had doubt that the accused might have killed his cousin.

(3.) On the basis of the aforesaid FIR a criminal case was registered in Police Station Didihat on lodging of chick FIR (Ex. Ka-15) under Sec. 302 of IPC against unknown persons on 17/6/2012 at 13:30 hours.