SUNDER LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment and order of conviction dated November 28, 1983, passed by the Sessions Judge, Almora, in Sessions Trial No. 32 of 1983, State Vs. Sunder Lai, whereby the accused -appellant has been convicted for the offences punishable under Sections 324 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and life imprisonment respectively. Both the sentences were ordered to run concurrently.

(2.) BRIEF facts, giving rise to the present appeal, as emerging from the record are that a report was lodged with the Patwari Bllori by Prakash Chandra (PW 2) to the effect that on the fateful day at about 11 -30 a.m., his father Dewan Ram (deceased) along with Lachhi Ram injured witness P.W.3 as well as accused -appellant Sundar Lal were travelling by the staff bus of Jhiroli factory. When bus stopped near the motor garage Bilori, accused Sl,lndar Lal s/o Lachham Ram stabbed his father as well as Lachham Ram PW3 by a knife. Witnesses Pram Ram (PW6) and others were present at that time in the bus. His father was taken to the Takula Hospital for treatment. On the basis of the written report dated 21 -5 -83, the Check F.I.R. dated 21 -5 -1983 (Ext.Ka -3) was recorded at the Patwari Headquarter Bilori. The case was registered at Crime No. 25/83 at 2 -45 p.m. on 21 -5 -83 under Sections 452, 324 and 326 I.P.c. The investigation of the case was taken up by Patwari, who recorded the statement of the reporter, PW2, and then along with him, proceeded to the place of occurrence near Almora Magnesite Factory at about 3 p.m. on the same day. Patwari recorded statement of the injured Lachhi Ram. He sent the injured in the company of the reporter to P.H.C. Takula for medical examination and started search of the accused in village Palarichhina. In the way, between the said Factory and Duwalgar, he met Mohan Lal P.W.8, Bishan Ram, Narayan Singh Sabhapati Bilori and few other persons holding and bringing accused Sundar Lai. The accused was handed over to the Patwari along with the recovered property. These witnesses were asked to accompany the Patwari to his headquarter. At the headquarter, the Patwari/Investigating Officer prepared two memos of the recovery (Ext.Ka -4 and Ka -5) in their presence. Patwari also recorded the statements of witnesses Param Ram PW5, Pratap Singh Thapa PW6 and took the search of the accused and prepared search memo Ext.Ka -17 and interrogated him. The Patwari then inspected the staff bus No. URB -5922 at the Factory and found blood stains thereon. He wiped it with a paper and took sample thereof, Ext. 5 in presence of the witnesses vide memo Ext. Ka18 and sealed it In a packet. The next day at 7 a.m., Patwari inspected the place of occurrence on the identification of PW6, Pratap Singh Thapa, driver, and prepared a site plan Ext. Ka - 19. The Investigating Officer went in search of the alleged Chhura or Chaku, the weapon of offence, from the place of occurrence to Palarichhina but to no avail. The Patwari sent the accused -appellant alone with necessary papers to the Magistrate concerned through Naib Tahsildar Bageshwar accompanied by his peon Dharam Singh. Search of the weapon of offence was again made and the Patwari proceeded to the place of occurrence on 23 -5 -83 as well, but the same could not be recovered. Dharam Singh, peon of the Patwari' returned in the same evening from Almora and informed Patwari that Dewan Ram died in the District Hospital on 22 -51983. In the meantime, reporter P.W.2 and son of the deceased returned along with the dead body of the deceased and informed the Patwari. A medical certificate of the injuries ,of the deceased issued on 21 -5 -1983 at P.H.C. Takula was delivered to Patwari, on the basis of which the case was converted under Section 302 I.P.C. and special report about it was sent.

(3.) IT is also borne out from the record that the injured Dewan Ram (deceased) was admitted in the District Hospital Almora at 3.50 p.m. on 22 -583, who succumbed to his injuries on the same day at 4.50 p.m. The information was given to Police Station Almora, which was recorded in the G.D. Report No. 31 at 18 -45 hours on 22 -5 -1983, the copy whereof is Ext.Ka -6. The Inquest report of the dead body was prepared by the police of P.S. Almora and relevant papers, namely Panchayatnama, photo Lash, Challan Lash, letter for Post Mortem Examination and sample seal, Exts. Ka -7 to Ka -12 respectively. S.I.G.S. Bisht, PW9, sent the dead body in a sealed cover for post mortem examination through constables Behari Lal and Rajendra Lal. He returned to P.S. Almora at 16.15 hours on 23 -5 -1983 the entry to that effect is G.D.R. No. 30, copy whereof is Ext. Ka -14. Since the offence related to Patwari Circle Jhiroli, PW9 sent the necessary papers to PW10 B.C. Lohani, Patwari concerned on 24 -5 -1983 vide entry in G.D.R . ¢ (Ext. Ka -15).