PUSHKAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED stand convicted and sentenced to imprisonment for life and fine of Rs. 5000/ - under Section 302 I.P.C. and in default of payment of fine to further suffer R.I. for six months, per judgment dated 30 -1 -2003, passed by the then Sessions Judge, Pithoragarh in Sessions trial No. 36/2000.

(2.) BRIEFLY stated the prosecution case was that at about 8 P.M. on 24 -6 -2000 Pushkar Singh waylaid Tek Bahadur to give a blow of 'Gupti' (a sharp double edged weapon normally kept concealed in a cover) in his abdomen while Tek Bahadur was on his way to make some purchase from a shop and was then followed by his brother Samsher Bahadur and witness Deewan Singh, in village Naini of P.S. Kotwali, Pithoragarh. These witness challenged accused Pushkar Singh who, however, made his escape possible and could not be arrested. Injured Pushkar Singh was immediately shifted to the District Hospital, Pithoragarh for medical aid. According to the prosecution earlier in the morning accused and Tek Bahadur have had exchange of hot words when the clothes of accused got spoiled by tea overflowed from the cup of said Tek Bahadur.

(3.) STITCHED wound over midline of abdomen from pelvic to epigastrium, size 23cm in length.