NAND KISHORE @ NAND LAL DHEEMARE Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed against the judg­ment dated 25-9-2001 passed by Ad­ditional Sessions Judge, Rudraprayag in Sessions Trial No. 29/2001 The ap­pellant was convicted and sentenced to Rigorous Imprisonment for life and fine of Rs. 2000/- under Section 302 LPC. for having committed the murder of market Chaukidar Padam Bahadur at about 3.45 ,A.M. on 27-6-2001 in the main market of the town of Rudraprayag.

(2.) BRIEFLY stated the facts of the case are that on 27-6-2001 at about 3.45 A.M. constable Naveen Bijalwan (P W.4) ajong with Home Guards Gajpal (PW.3) and Kuldeep Lat. were returning to the Police Station, Rudraprayag from their picket duty. and when they reached near. Hanuman Temple in the main market of Rudraprayag, they saw a man having a dagger (Khukhari) in his hand stand­ing in front of hotel Neelkamal and at that place another -man lying on the ground was writhing in pain. These se­curity personnel at once reached that place and found that the man lying on the ground had breathed his last. The dead person was identified as the market chaukidar Padam Bahadur son of Dhan Singh Nepali. The man, who was standing there with dagger wanted to make his escape possible from there, but was arrested by these security per­sonnel. On query he disclosed his name as Nand Lal Dheemare @ Nand Kishore son of late Shesh Raj Dheemare resident of Chomala in Ne­pal and he was presently employed as a servant in New Sandeep Hotel in Rudraprayag. The dagger possessed by him had blood stains on its blade. The leather cover of the dagger was found attached to a belt found tied around his abdomen. These articles were then at­tached by these security personnel at the spot and were packed and sealed in a packet and the man was told that he had been arrested in connection with an offence of murder punishable under Section 302 LPC. A memo of ar­rest and seizure, Ext.Ka.4 was also pre­pared at the spot by constable Naveen Bijalwan and the copy of the same was given to the arrested culprit. Home Guard Gajpal was left at the scene of the incident to take care of the dead body of the victim and the arrested culprit was then taken to the Police Sta­tion along with the attached articles. On the basis of the memo, check FI.R. was got prepared at the police station at 4.30 A.M. the same day, that is, 27­6-2001.

(3.) AT the trial, prosecution exam­ined seven witnesses, to, prove the charge levelled against the accused. PW1, constable Rajendra Prasad Dimri was posted as Constable Clerk PS. Rudraprayag on 27-6-2001. He proved that the check FI.R. (Ext. Ka.1), submit­ted by him on the basis of the memo of arrest and seizure of dagger, pre­pared by constable Naveen Bijalwan, who took the accused- appellant to the police station along with recovered ar­ticles at 4.30 PM. on 27-6-2001. He also proved the copy of the G.D. Re­port of registration of the case (Ext.Ka.2). PW.2, Prem Singh is the witness of the inquest and he formally proved the inquest report (Ext.Ka.3) prepared by the Station Officer, PS. Rudraprayag. PW.3, Home Guard Gajpal and PW.4, Constable Naveen Bijalwan supported the prosecution version as narrated above with refer­ence to the case set up against the accused.They have arrested the accused from near the scene of the incident where the dead body of the deceased Padam Bahadur was found lying with injuries and further that the accused was then carrying a blood-stained dag­ger and its leather cover hanging by the belt tied around his abdomen. PW.5, Prem Bahadur, a relation of the de­ceased, gave out that the accused had once threatened to kill the deceased as he was displeased on account of a beating given by the deceased when the accused wanted to commit theft in a temple.