TARKESHWAR NATH SHRIVASTAVA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH the above -named appellants have been found guilty for the offence of section 304 IPC in Sessions Trial No. 21 of 1994. The said trial pertains to crime No. 1224 of 1993 at police station, Haridwar and was adjudicated by the Sessions Judge on 11.3.2003. Each of the convicts has been sentenced to 10 years' rigorous imprisonment with fine of Rs. 5,000/ - each, in default of which, two years' additional rigorous imprisonment was awarded. As per the prosecution story, both the appellants were noticed in the wee hours at about 4:15 A.M. of 17.10.1993 while they were causing blows of stone to one Nand Kishore Malhotra at the place, which is known in the close vicinity of the area popularly known as 'Harki Padi. PW 2 constable Vinod Kumar, along with PW 1 constable Ravindra Kumar, was patrolling the area as they were deputed for the same in that night. As they heard the shouting voice coming from a very close distance, they proceeded ahead towards that direction with Torches in their respective hands and succeeded to catch hold of the culprits after chasing them for almost 50 paces. PW 1 and PW 2 were also assisted by some public witnesses, namely, PW 5 Raju (a rickshaw puller by profession), PW 6 Satyapal and PW 7. Rakesh. By that time, the victim had been injured seriously at the hands of assailants, so one police constable Ravindra Singh marched forward with the injured to the government hospital in order to save his life. Injured was admitted in the hospital soon after the incident at about 4:45 AM. PW 3 Dr. K.B. Sarabhai found the following injuries on the body of injured: -

(2.) ON account of the above injuries, the victim lost his life in the hospital itself on 19.10.1993 at 6:55 A.M. Autopsy (Ex. Ka -3) was conducted in the government hospital, Haridwar. The doctor conducting postmortem opined that the deceased died on account of shock and hemorrhage as a result of ante -mortem injuries.

(3.) HAVING heard the learned counsel on behalf of appellants as well as the State counsel, it is clear that the incident has fully been proved by PW 1 constable Ravinder Kumar and PW 2 constable Vinod Kumar. They are the eyewitnesses of the occurrence and have nabbed the culprits on the spot after chasing them for almost 50 paces.