DARPAN RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN this jail appeal, pregnability of the judgment and order of conviction dated 30/31 -03 -2011 is called in question. By the impugned judgment, rendered in Sessions Trial No.24 of 2010, learned court below has found the appellant Darpan Ram guilty for the offence of section 302 IPC and has sentenced him appropriately for the same. The said trial pertains to Patti Bhatarh, Tehsil Didihat, District Pithoragarh.

(2.) FIRST information report (Ex.Ka -1) was lodged by PW2 Diwani Ram, the real uncle of appellant. As disclosed in the said report, which was lodged after two days of the incident on 14.05.2010, appellant was in the habit of bothering his children. Tika Ram (father of appellant) kept on persuading his son Darpan Ram not to do so but the latter used to extend threat to him (Tika Ram). On the fateful evening of 11.05.2010 at about 8:30 PM, PW2 Diwani Ram was going to his house from the shop. On the way, he reached in the courtyard of his brother Tika Ram and found the accused quarreling with his wife Shanti Devi (PW1), who was weeping at that time. Tika Ram strived to persuade his son Darpan Ram but the latter became enraged, and in that fit of anger, he gave a blow of heavy sickle on the head of his father with intention to kill him. Tika Ram fell down instantly on the earth and the accused then fled away from the spot. With the aid and assistance of villagers, informant Diwani Ram brought his brother Tika Ram to the nearest Thal hospital wherefrom he was carried to District Hospital, Pithoragarh on an ambulance, but nothing could be fructified and he, ultimately, breathed his last in the morning of 13.05.2010 in district hospital itself. Deceased Tika Ram was about 65 years of age. Chick report (Ex.Ka -12), however, could be lodged at 12:10 PM of 14.05.2010. After lodging the report, police arrested the accused on the same day. Memo of arrest is Ex.Ka -2, which bears the signature of accused Darpan Ram. At the instance of accused, weapon of assault, used for committing the incident, was recovered; its recovery memo is Ex.Ka -3, which too bears appellant's signature. That weapon was found bloodstained, so it was sent for chemical examination. The report submitted by the Forensic Science Laboratory is Ex.Ka -21, according to which, the blood found on that weapon was detected to be human blood, though in disintegrated state. Samples of plain and bloodstained soil were collected from the spot by the Investigating Officer, and that blood was also reported to be the human blood. The inquest report (Ex.Ka -7) was prepared on 13.5.2010 at 9:15 AM in the district hospital Pithoragarh itself. In the opinion of witnesses of inquest, deceased met with his death on account of head injuries, nonetheless, they advised for post -mortem.

(3.) AUTOPSY (Ex.Ka -5) on the dead body of Tika Ram was conducted by Dr. Lal Singh Bora on 13.5.2010 at 1:00 PM. The following ante -mortem injuries were found: -