GANESH BAHADUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY the judgment under appeal, the appellants have been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short IPC) and sentenced for life imprisonment with fine of Rs. 10,000/ - each. In default of payment of fine, further imprisonment for one year has been awarded. This appeal has been preferred by the convicts through the Superintendent of District Jail, Dehradun.

(2.) ON 03.04.2010, the complainant Bishan Singh (PW - 1) lodged a report with the police station Joshimath, District Chamoli with the assertions that he is a contractor at Suraidota. On the very day, at about 3:30 p.m. his labourers, namely, Ram Bahadur (PW -3) and Jagdish Bahadur came to him and informed him that inside their room, the accused persons Kham Bahadur and Ganesh Bahadur, were beating Padam Bahadur. The room was bolted from inside. On receiving the information, the complainant, alongwith Prem Singh (PW -2), Mohan Singh (SARPANCH) and others reached at the site, where they heard the sound of beating. They asked to open the door; knocked the same and when the door was not opened, they broke it open and saw that Padam Bahadur was lying on the floor and the accused were beating him with fists and boots. The complainant intervened and separated the aggressors from Padam Bahadur. Padam Bahadur, who was unable even to speak, badly injured, bleeding from his mouth, was taken to Police Station in the vehicle of PW -2 Prem Singh. It was also reported that both the accused were kept in captive at Suraidota.

(3.) ON the basis of said complaint, an FIR was registered under Section 307 IPC. Padam Bahadur was taken to Community Health Centre, Joshimath, where PW -4 Dr. Rachna Dimri conducted his medical examination at 8:15 p.m. on the very day. On examination, the doctor found that there were blue -black bruise on lower and middle part on the back; bleeding from lips and left eye was found blocked. The doctor opined that duration of injuries was four hours old, which would have been caused by blunt and hard object. For further opinion, the patient was referred for orthopedic examination.