SHEKHAR CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED Shekhar Chandra preferred this criminal appeal against the judgment dated 6-10-2001, passed by the then In charge Sessions Judge, Nainital in Sessions Trial No. 102/2000, convicting and sentencing him to imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine to suffer fur­ ther Rigorous Imprisonment for one year under Section 302 Indian Penal Code.

(2.) ON 21-8-1999 at about 2.00 P.M. Ravindra, a thirteen years old son of the accused was grazing cows along with his elder brother Naveen Chandra (P.W. 3) near -Richi Primary School within the circle of Police Station Bhatrojkhan, District Almora. Another boy Keshav Dutt (RW.8) aged about fif­teen years was also there with them. Smt. Deepa Devi (PW.2), the wife of the accused while collecting the grass from the field in that vicinity. Accused carrying an iron axe came there and started giving its blows on the head of his son Ravindra resulting which the boy sustained injuries and started cry­ing. His brother, mother and another boy who were there in that vicinity rushed to his help. Other villagers in­cluding witness Govind Ballabh (PW.9), elder brother of the accused, also reached at the scene of the incident on hearing the hue and cry. The accused was caught at the scene of the incident and the injured Ravindra was immedi­ately taken to Civil Hospital, Ranikhet for medical aid. He was however re­ferred to Delhi for specialized treatment but succumbed to his injuries on way to Delhi and particularly near the town of Hapur and his dead body was then brought back and kept at Civil Hospi­tal, Ranikhet.

(3.) THE investigation was thereafter again entrusted to S.I. Anand Singh Gusain. In the meanwhile oh 22-8-1999 S.I. Omveer Singh Rawat (RW.11) held inquest on the dead body of Ravindra deceased and prepared the inquest report* Ext. Ka.l 1 and other relevant documents including the challan report, Ext. Ka.13. Packed and sealed dead body was then sent for post mortem examination which was conducted by Dr. Yogesh Chandra Sharma (RW.4) at 1.45 RM. on 22-8-1999.