PRATAP RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE convicts Pratap Ram and Smt. Guddi Devi (husband and wife) have challenged the judgment and order of conviction dated 27.8.2003 rendered by Additional Sessions Judge, Haldwani in Sessions Trial No. 189/2000. The trial pertains to Patti Circle Babiyar, District Nainital, Crime No. 2/2000. They both were convicted for the offence of Section 307/34 IPC and have appropriately been sentenced.

(2.) HAVING heard the rival contentions put forth before me, it transpires that PW2 injured Kunwar Singh and the accused persons hail from the same village Rekhakot albeit their hamlets are at a distance of 5 kilometres. On the day of incident in the morning of 29.5.2000, when Kunwar Singh was passing at a distance of almost 100 metres from the residence of accused persons on account of his some personal work, he was called by the appellants in their house. The appellants offered a Bidi for smoking to him which was accepted by the injured. The accused persons then demanded the money from the injured wherefor he expressed his inability to pay instantly. So, a massive beating was given to him by the appellants. Pratap Ram having the iron pipe and his wife Smt. Guddi Devi having sickle in her hands gave the fatal blows with the weapons in their hands to Kunwar Singh making him seriously injured. After leaving Kunwar Singh in their house, the accused persons approached the Village Pradhan PW1 Kamal Singh Bisht apprising him that Kunwar Singh is lying in his house in such a state. PW1 Kamal Singh taking Gram Panchayat Member Alam Singh (PW3) as well as Narayan Singh (PW4) came to the house of the appellants and found Kunwar Singh in the injured state. They all shifted him to the hospital where he was medically treated. His injury report is Ex. Ka -7 showing four incised wounds and one traumatic swelling on left elbow joint. As divulged in the report, the traumatic swelling of left elbow joint was grievous in nature. The FIR was lodged by Gram Pradhan Kamal Singh on the same day at 6 PM with the Patwari concerned. (In the remote hills, Patwari/revenue officials are likewise regular police).

(3.) THE accused persons were arrested after a week of the incident on 5.6.2000 and their house was searched on 7.7.2000 i.e. after more than a month of their arrest. Patwari concerned recovered the iron pipe and sickle from their house which was allegedly used by the accused persons in the commission of the incident. Chargesheet was submitted for the offence of Section 307, 504, 506 and 392 IPC, but learned Trial Judge levelled the charge of only Section 307 and 506(2) IPC and found them guilty as aforestated.