SUNDAR SINGH RAUTELA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 06.09.2010 passed by Sessions Judge, Almora in Sessions Trial No. 24 of 2009 whereby accused appellant was held guilty for the offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment and to pay fine of Rs. 5000/- and in default of making payment of fine, to undergo additional rigorous imprisonment for one year.

(2.) Brief facts of the present case, inter alia, are that Narendra Singh Rautela (PW1) reported the matter to police station Dwarahat, District Almora at about 11.00 p.m. on 24.03.2009 stating therein that on 24.03.2009 in the evening, informant Narendra Singh Rautela (PW1) along with his son Jeetu @ Jitendra Singh Rautela (deceased) was coming from village Dhon to their house; near Chaukhutiya Taxi Stand, Dwarahat, their former driver Sunder Singh Rautela @ Shankar Singh (accused appellant, herein) was standing on the road; accused/ appellant, herein, asked my son, as to why he (Jeetu @ Jitendra Singh Rautela) did not pay his one month salary; on this, my son - Jeetu @ Jitendra Singh Rautela (deceased) told the accused, let us sit and talk; Sunder Singh Rautela @ Shankar Singh (accused) was carrying Badiyat (sharp edged weapon) with him; he assaulted so many times on the neck of my son whereupon my son - Jeetu @ Jitendra Singh Rautela fell down; having seen the incident, I became unconscious; having received the information, PW2 Prem Singh Rautela, real brother of informant came on the spot; having gained consciousness, informant narrated entire incident to Prem Singh Rautela (PW2); meanwhile, few people came and took Jeetu @ Jitendra Singh Rautela to hospital; however, Jeetu @ Jitendra Singh Rautela was declared dead; on my dictation, PW2 Prem Singh Rautela prepared a report, therefore, having registered the FIR appropriate action may be taken.

(3.) Jeetu @ Jitendra Singh Rautela was taken to hospital where he was declared dead. Postmortem on the dead body of Jeetu @ Jitendra Singh Rautela was conducted on 25.03.2009 and cause of death was opined due to neck injuries received by a sharp edged weapon.