PRATAP SAGAR RAI Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by the Appellant against the judgment and order dated 27-09-1999 passed by the Sessions Judge, Pithoragarh in S.T. No. 24 of 1998 State Vs. Pratap Sagar Rai convicting the Appellant under Sections 302 I.P.C. and sentencing him for life imprisonment.

(2.) Brief facts giving rise to the appeal are that the deceased Savindra Singh was a driver. The accused, namely, Pratap Sagar Rai is a cook in the mess of the Department Director General Border Roads (herein after referred D.G.B.R.) and Nar Singh, Bhup Singh, Hayat Singh and Man Singh were labourers while Raj Kumar Gulia was supervisor.

(3.) On 19-01-1998 at about 2:30 p.m. Savindra Singh went at the mess of the D.G.B.R. situated at Magti and the accused was present there as he was on his duty. Man Singh, Nar Singh, Bhup Singh and Hayat Singh were working by the side of the said mess. After some time they heard some altercation between the deceased Savindra Singh and the accused Pratap Sagar Rai, they immediately rushed towards the mess where they saw that the accused Pratap Sagar Rai and the deceased Savindra Singh scuffling together. The accused took his knife and wielded on the left side of the stomach of the deceased. Thereafter, the accused fell down on the ground and the accused alongwith the used weapon (knife) fled away. The labourers took the injured to Raj Kumar Gulia (P.W.3) at Ghasku Camp and after first aid Raj Kumar Gulia took the deceased to Primary Health, Dharchula where he was declared dead.