MAN BAHADUR Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment dated 7 -12 -2002 passed by the then Sessions Judge, Almora in sessions trial No. 23/2002.

(2.) BRIEFLY stated the prosecution case was that at about 7.00 P.M. on 9 -1 -2002 in Village Rampur, Patwari Circle Ghanshyari, Tehsil Ranikhet, District Almerd, two Nepali migrant labeurers Jagat Bahadur and Man Bahadur came at the he use of another Nepali migrant labourer Jagat Bahadur and asked him to accompany them to settle financial account with them. Jagat Bahadur went, with these two, out of the louse and en the road at a distance of about 100 yards from the house he was fatally assaulted by Khukhari. Next day en 10 -1 -2002 smt. Deepa Devi (P.W.1) the wife of Bharat Singh deceased got scribed written report, Ext. Ka.1, and delivered it at the Patwari Headquarter at 7.00 A.M. F.I.R., Ext.Ka.3 was then drawn on the basis of the written report and case under Section 302 I.P.C. was registered against Jagat Bahadur and appellant accused Men Bahadur.

(3.) THE accused Man Bahadur was committed to court of Sessions on 15 - 4 -2002 by the Judicial Magistrate, Ranikhet. The charge under Section 302 I.P.C. was framed by the then Sessions Judge against the accused on 24 -4 -2002. To prove the charge against the accused, prosecution examined four witnesses. P.W.1, Smt. Deepa Devi, the Informant of the case, and P.W.2, Smt. Radha Devi were examined as witnesses of the fact to prove that the murder was committed by the accused and Jagat Bahadur. The evidence of Investigating Officer examined as P.WA, has been referred above. Dr. C.L. Maheshwari (P.W.3), Autopsy Surgeon detected following ante -mortem injuries on the person of Bharat Singh :