SADHU RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) LEGAL admissibility of the judgment and order dated 13.08.2003 rendered by the Trial Court in Sessions Trial no.14 of 2001, State Vs. Sadhu Ram and two others, is under challenge by way of the instant appeal. Appellants Sadhu Ram, Rajesh and Raju were tried for the offences of section 307 and 307/34 IPC. At the end of trial, appellant Sadhu Ram was found guilty for the offence of Section 307 IPC whereas co -appellants Rajesh and Raju were convicted for the offences of section 307/34 IPC. They have appropriately been sentenced. The trial pertains to crime no.214 of 2000 at police station Doiwala, Dehradun.

(2.) BACKGROUND facts, shorn of unnecessary details, as emerging out from the first information report, are that on 26.10.2000 at about 10 PM, on the day of Deepawali, appellants Rajesh and Raju were igniting crackers and throwing the same towards the house of Shankar Singh. Mohan Singh (PW5) and his brother Prem Chand (PW1) had come in the house of Shankar Singh, as their sister Ms. Premwati had been married to him. Feeling this recurring nuisance on account of throwing the ignited crackers by the accused persons, PW1 and PW5 came out and asked appellants Rajesh and Raju not to do so. But the accused persons turned deaf ear to their request, rather they accosted in a rebellion temper. The scene soon turned into a quarrel. Noticing the same, PW3 Ms. Premwati and her neighbour Jagat Narain (PW2) also came at the spot while on the other hand, appellant Sadhu Ram, having axe in his hand, came forward. Repelling the request of PW1 Prem Chand and PW5 Mohan Singh, Sadhu Ram gave a fatal blow on the head of PW5 but the iron part of the axe, after hitting the head of PW5, slipped. Thus, two blows of axe were made by the appellant Sadhu Ram making PW5 injured. At the same time, co -appellants Rajesh and Raju also joined hands with Sadhu Ram and beat the victim with batons in their hands on his legs.

(3.) THE report was soon lodged within an hour of the incident. Police came into motion and arrested Sadhu on the same day whereas Raju and Rajesh surrendered in court in due course. Injured Mohan Singh was then shifted to the Primary Health Center, Doiwala on 26.10.2000 at 11:15 PM, where the doctor examining him recorded the following injuries in the injury report Ex.Ka.2: -