GOPAL DUTT Vs. STATE

JUDGEMENT

(1.) ACCUSED Gopal Dutt has come up in appeal from his conviction and sentence to imprisonment for life under Section 302 I.P.C. per judgment and order dated 30 -08 -1999, passed by the then Sessions Judge, Chamoli, in Session Trial No. 47 of 1995. However, the other two accused Surpal Singh alias Suri and Dinesh Chandra were acquitted of the charge under Section 302/34 I.P.C.

(2.) BRIEFLY stated the facts of the case are that on 14 -03 -1995 at about 9 P.M. Heera Singh deceased had retired to sleep in the first floor of his shop along with his daughter Smt. Devki Devi. Some time thereafter accused Gopal Singh knocked the door and asked the deceased to open the door. On insistence of accused the door was opened and accused entered inside the shop. The accused was carrying with him liquor. He offered the liquor to deceased who hesitatingly acceded to the request and these two together have had liquor session in the room. After consuming the liquor accused wanted to take liberty from Smt. Devki Devi to the displeasure of not only the said lady but also her father Heera Singh deceased. In order to save the honour of the daughter Heera Singh locked her in the ground floor room. After some time Smt. Devki Devi was alleged to have heard the noise of scuffle in the upper room then occupied by her father and the accused. She also heard her father telling the accused that he had sum of Rs. 32,000/ - with him. Some time thereafter Smt. Devki Devi also heard the voice of her father saying "à ¤ ¤Ã  ¥ ‚à ¤ ¨Ã  ¥ ‡ à ¤ ®Ã  ¥ Ã  ¤ Ã  ¥ ‡ à ¤ ®Ã  ¤ ¾Ã  ¤ ° à ¤ ¦Ã  ¤ ¿Ã  ¤ ¯Ã  ¤ ¾ à ¤ ¹Ã  ¥ ˆ". She also heard the noise of opening of a box kept in the upper room. When, in the morning Smt. Devki Devi woke up she found the door of the room latched from outside. She then picked up a sickle and broke -open the latch and came out and went up in the room. She then found her father Heera Singh lying dead with bleeding injuries.

(3.) DURING trial, prosecution in order to bring home guilt to the accused and two others, relied upon the evidence of eight witnesses. P.W.1 Smt. Devki Devi the informant daughter of Heera Singh deceased narrated the version as was made by her in written report, Ext. Ka 1 besides claiming that Surpal Singh alias Suri and Dinesh Chandra have also reached inside the room in drunken state after her father and accused Gopal Dutt have together already consumed liquor in that night. She, however, stated that accused Gopal Dutt had told her that she will be paid sum of Rs. 8,ooo/ - if she would not disclose the names of other two culprits.