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 I.P.C. 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) along with Home Guards Gajpal (P.W.3) and Kuldeep Lal 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 I.P.C. 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 Gurad 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 F.I.R. was got prepared at the police station at 4.30 A.M. the same day, that is, 27 -6 -2001.

(3.) A case was thus registered against the arrested culprit, the accused of the case, and the investigation of the case was taken up by Station Officer R.P. Singh (P.W.7). He left the police station for the scene of the incident and on reaching there held inquest on the dead body of deceased Padam Bahadur and prepared inquest report, Ext.Ka.3. The dead body was packed and sealed and was dispatched for post mortem along with the relevant documents of the inquest and challan report. The autopsy on the dead body was conducted by Dr. Mayank Upadhyaya (P.W.6) of District Hospital Gopeshwar. The clothes of the deceased and attached dagger etc were sent for chemical examination and on completion of the usual formalities of the investigation, the charge sheet, Ext.Ka.15 was submitted against the accused -appellant on 4 -7 -2001.