NARENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY the judgment under appeal, the appellant Narendra @ Naru @ Pratap Singh Pundir has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short IPC) and sentenced for life imprisonment with fine of Rs. 2,000/ -. The appellant has further been convicted under Section 307 IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs. 500/ -. It was directed that both the sentences shall run concurrently. According to the prosecution case, the complainant Prem Singh (PW -1) lodged a report (Ext. -A1) with the police station Muni -ki -Reti, Tehri Garhwal with the assertion that he owns one shop as well as one hotel at Byasi Market. He had two servants, namely, Gopal Singh (deceased) and Raju -Nepali (injured). Gopal Singh intended for leave on 17th and 18th December, 2011 to attend a marriage, hence the complainant directed Gopal Singh to arrange an alternative, so that service may not get affected. In the evening of 06.12.2011, Gopal Singh brought two persons, namely Narendra (appellant herein) and Jaibeer in the hotel. In the morning of 07.12.2011, Karn Bahadur -Nepali informed the complainant that both his servants, soaked in the pool of blood, are lying in unconscious state. Both the injured were taken to hospital with the help of 108 Ambulance, where Gopal Singh succumbed to his injuries. Since, Raju -Nepali was unconscious, he was referred to Doon Hospital, Dehradun. The complainant apprehended that the appellant, together with Jaibeer, quarreled with the victims, which resulted into the death of Gopal Singh and injuries to Raju -Nepali.

(2.) ON the basis of said complaint, an FIR (Ext. -A4) was registered. After the inquest was prepared, autopsy was conducted and following ante -mortem injuries were found by PW4 Dr. J.P. Nautiyal on the person of Gopal Singh.

(3.) ACTIVE bleeding from right ear present.