GOPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this appeal, appellant has challenged the judgment and order dated 30.8.12/3.9.2012 rendered by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.11 of 2012, for the offences of section 307 IPC r/w section 4/25 of the Arms Act. The trial pertains to Patti Paino -II, Tehsil Lansdowne, District Pauri Garhwal.

(2.) AS the facts emerging out from the first information report (Ex.Ka -1), lodged on 23.12.2011 at 7 AM, the incident occurred on 16.12.2011 at 11:30 AM when the victim Gaje Singh was returning home after doing his agricultural work. As soon as he passed in front of the appellant's house, the latter gave a blow of dagger on the head of victim making him injured. Victim then fell down on the earth. Seeing the occurrence, women of the village, who were present in close vicinity, made hue and cry. Appellant then threw dagger from his hand, lifted an axe, and further began to give blows from the poll -side of that axe, which made the victim seriously injured, because enough blood had flown from his body and he was bitterly wounded. The villagers made the victim lay on a cot and brought him to the road head. Then he was shifted to government hospital Dhumakot by a government Ambulance popularly known as '108'. His injury report was prepared on 16.12.2011 at 6:30 PM by PW10 Dr. Tanvir Hussain Zaidi. The following injuries were noted: -

(3.) INVESTIGATION culminated into submission of chargesheet against the appellant for the offences, as indicated above. Accordingly, the Charges were levelled.