ANAND RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is at the instance of accused convict and is directed against the judgment and order dtd. 9/10/2014, passed by Sessions Judge, Champawat in Sessions Trial No. 01 of 2014, whereby appellant has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo life imprisonment and to pay a fine of rupees five thousand with default sentence of one year imprisonment.

(2.) The prosecution case against the appellant was that at around 11 PM on 13/10/2013, he killed complainant's elder brother Narayan Singh Bohra @ Kannu by administering stone blows on his head.

(3.) In order to bring home the guilt, prosecution examined nine witnesses in all. PW1 Bhuwan Singh Bohra is an eyewitness, complainant and the younger brother of deceased. PW2 Hariom Sethi, who was accompanying PW1 in the night of occurrence, is also an eyewitness. PW3 Lokendra Singh came subsequently at the spot after hearing about the incident. PW4 is Head Constable Hemant Kumar, who prepared the chick FIR. PW5 Naveen Bisht has been examined to prove that few days prior to the incident, appellant had picked up a fight with the deceased. PW6 is Dr. Deepak Chandra Gahtori, who conducted the autopsy and issued the post-mortem report. PW7, PW8 and PW9 are police officers who were involved in investigation of the crime.