HANSA DUTT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after for brevity Cr.P.C), is directed against the judgment and order dated 26.09.1988 by the then learned IIIrd Additional Sessions Judge, Nainital in Sessions Trial No. 75 of 1987, whereby appellants have been convicted under Section 304 Part - I read with Section 34 of Indian Penal Code, 1860 (herein after for brevity I.P.C.), and sentenced each one of them to undergo imprisonment for life and also to pay fine of Rs. 5,000/ - in default of payment of which it is directed to each one of them to undergo six months simple Imprisonment.

(2.) WE heard Shri Lokendra Dobhal, Amicus Curaie and learned Additional Government Advocate at length.

(3.) IN brief, the prosecution story is that 13 -11 -1985, Mohan Chandra Dani (P,W.1) resident of village Kashtaull, Patti Deodaran District Nainital, lodged First Information Report (Exh. A -1) of the Patti Patwari, alleging that on 12 -11 -1985, at about noon, his father Jal Datt Dani (deceased) was proceeding towards his garden. He had some altercation with his brothers namely, Hansa Datt and Ganga Datt (both appellants) on which they caused grievous injuries to their brother Jal Datt who consequently died in the evening. On the basis of said report, a check report (Exh. A -3) was prepared by the Patti Patwari, Deodaran (In the 0ttaranchal hills certain Patwaris are given police powers). Shri Surendra Singh (PW 5), the Investigating Officer, proceeded for investigation and prepared the inquest report (Exh. A -2) before the witnesses on 15 -11 -1985. After preparing diagram of the dead body (Exh. A -11/1 & Exh. A -11/2), Police form No. 13 (Exh. A -9), letter to the Chief Medical Officer (Exh. A -10), he the dead body on 15 -11 -1985 along with the sample seal (Exh. A -12) for post -mortem of the dead body to the district headquarters.