BACHI RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE impregnability of the judgment and order dated 25th February, 2012, rendered by Sessions Judge, Almora, in Sessions Trial No. 53 of 2006 (State vs. Bachi Ram and three others), is in question in the present appeal. In the said trial, four accused persons, namely, Bachi Ram, Prakash Ram, Smt. Gita Devi and Smt. Khashti Devi were tried for the offence of Section 302 of the Indian Penal Code; but, the trial culminated into the conviction of accused / appellant Bachi Ram only, while rest of the three accused were let free by the court below. Appellant Bachi Ram has appropriately been sentenced for the same.

(2.) THE genesis of the prosecution story, as emerging out from the First Information Report (Ex. Ka. 2), lodged by one Sri Uttam Singh Negi (PW6), is that on 5th July, 2006, at about 05:30 p.m., his brother Harish Singh Negi was mortally wounded by Bachi Ram, Prakash Ram, Gita Devi and Prema Devi, all resident of Village Kalsima. The injured, while being shifted to the hospital to save his life, breathed his last on the way. The occurrence was witnessed by Smt. Anita Devi (wife of the deceased), Master Sunder Singh Negi (minor son of the deceased) and Sri Ajay Singh Negi, who were working in the nearby agricultural field. Besides these witnesses, some other villagers, including women, were also working in the field, who, too, witnessed the occurrence. This First Information Report was given to the concerned revenue circle Police Outpost on 5th July, 2006 at about 09:00 p.m. for lodgement. The chick FIR of the same is Ex. Ka. 3. Inquest Report (Ex. Ka. 4) was prepared in the morning of 6th July, 2006 at about 08:00 a.m. in presence of number of villagers, who opined the death of the injured as a result of the injuries inflicted on his body. Nonetheless, they advised for post mortem.

(3.) THE post mortem was conducted in the District Hospital, Almora, on 6th July, 2006 at 03:30 p.m. The doctor has opined the death to be caused by shock and hemorrhage due to ante -mortem injuries (head injury). Besides, the following injuries were noticed by the doctor on the body of the deceased in the autopsy report: