PURAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CHARGESHEET under Section 304/504 IPC was submitted against Chheda Lal and his three sons, namely, Hajari, Puran and Kewal. It appears that Chheda Lal died even before the levelling of the charge by the Trial Court. So, the charge was levelled against all these three remaining accused persons who will be known as Pooran (A1), Hajari (A2) and Kewal (A3). Charge under Section 304, 307/34 IPC was levelled against all three accused persons wherefor they were put to trial and the same culminated into conviction of all by the impugned judgment dated 29.8.2002 rendered by Additional Sessions Judge, Haldwani, Nainital. They have appropriately been sentenced.

(2.) DURING the pendency of the appeal in the High Court, A1 and A3 died. So, the instant appeal is being heard only against the appellant Hazari (A2). His Counsel did not appear before the Court despite of several opportunities accorded. So, this Court sent the appellant Hajari to the gaol and appointed Amicus Curiae to argue the appeal on his behalf.

(3.) FROM the facts as emerging out from the FIR as well as from the evidence available, it is evident that all the accused persons as well as injured were the near relations. A girl, namely, Reshma daughter of deceased Tulsi Ram came to visit the house of accused persons, but she was not permitted to return back and it appears that she was somehow got married with Banshi, son of the present appellant Hajari. This all annoyed Tulsi Ram and his sons. So, on 16.10.1997 at about 8 PM, Tulsi Ram along with his two sons Narottam and Pappu as well as one near relative Daleep went to the house of the accused persons at Haldwani asking them as to why Reshma was being kept in detention and why she is not permitted to return back to her house. The bout of verbal sparing soon turned to the quarrel and all the accused persons began to pelt the bricks and stones upon the injured persons and Puran (since deceased) gave a blow of the sword on Tulsi Ram causing his death at the spot. Narottam and Daleep suffered a number of injuries at the hands of accused persons. They were examined soon in the District Hospital, Haldwani. PW4 Pappu Lal, who somehow could not get any injury, shifted his injured brother Narottam to the hospital and lodged the FIR on the same day at 23 hours. The police station was three and half kilometres away from the spot. So, after admitting the injured persons in the hospital, he lodged the FIR.