JOGA RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED preferred an appeal against the judgment dated 28 -8 -2001, passed by the then Sessions Judge, Almora convicting and sentencing him under Sections 302 and 307 I.P.C. to undergo Life Imprisonment under the first count and R.I. for five years and fine of Rs. 500/ - and in default of payment of fine to further undergo imprisonment for six months under the second count.

(2.) PROSECUTION case briefly stated was that at about 11 A.M. on 23 -3 -1998, in village Saknyora, Patwari Circle Mahrudi, Tehsil Bageshwar accused committed murders of his father Ram Lal and co -villager Madan Ram both aged about 65 years by giving them fatal iron axe blows and further made an attempt to commit murder of Smt. Sabuli Devi wife of Madan Ram and caused her injury. The incident created panic in the village and on account of the terror of the accused people at large were not feeling safe. Narrating the incident in the written report, Ext.Ka.1 village Pradhan Bahadur Ram (P.W.2) requested the Naib Tehsildar, Bageshwar to initiate proceedings against the accused and further to provide security to the villagers. The report was received on 23 -3 -1998 itself by the Naib Tehsildar who made an endorsement on the written report directing the Circle Patwari Mahrudi to register a case and initiate the legal proceedings. In compliance thereof check F.I.R., Ext.Ka.9 was drawn at 8 P.M. on 23 -3 -1998 by the Circle Patwari who also started investigation of the case.

(3.) IN order to bring home guilt to the accused, prosecution examined four witnesses and also relied upon the documents which shall be referred subject to their relevancy in the appreciation of the evidence. P.W.1, Smt. Sabuli Devi is the sole eye witness of the occurrence of the case. At about 11 A.M. on the day of the occurrence i.e. 23 -3 -1998 her husband Madan Ram deceased left the house for a shop and when he reached near the house of Ram Lal deceased, he shouted that Joga Ram had killed Ram Lal deceased. Smt. Sabuli Devi hearing the shout at once ran towards that place and found that Ram Lal was lying adjacent to the stairs of his house and writhing due to his injuries which were bleeding. At that time Madan Ram was seen rebuking severely accused Joga Ram as to why Ram Lal had been killed by him. Accused Joga Ram then gave axe blows on the head of Madan Ram resulting which Madan Ram also fell dead on that very spot. When Smt. Sabuli Devi started raising alarm accused went after her and before she could be able to fled away she was made to receive one axe blow on her head. She then told about the incident to village Pradhan Bahadur Ram who as stated above went to lodge the report of the occurrence.