RAMESHWAR DAYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 4.6.2011 passed by the Ist Additional Sessions Judge, Haldwani, District Nainital in Sessions Trial No.149 of 2009, arising out of case crime No.341 of 2009 u/s 302 IPC, P.S. Haldwani, District Nainital, whereby appellant was held guilty for the offence punishable u/s 302 IPC and was sentenced to serve life imprisonment and to pay fine of Rs.1,000/-.

(2.) Brief facts of the case, inter alia, are that PW1 Nagendra Singh has handed over one report Ex.Ka-1 to the P.S. Haldwani in the evening at about 6:30 PM on 27.7.2009 whereupon the Chick FIR was got registered as FIR No.341 of 2009 u/s 302 IPC at 6:45 PM of 27.7.2009 itself. It was stated in the written report by Nagendra Singh that Mool Chand S/o Ram Kishore was staying in his house along with his wife and family as tenant; about 3-4 months back, daughter of Rameshwar Dayal S/o Pritam R/o Mali Nagra, P.S. Musa Jhag, District Badayun, who was staying in a hut near Khariya Factory, went missing from the house; accused Rameshwar Dayal was having suspicion that his daughter was enticed away by Mr. Ravi S/o Mool Chand; after some time, daughter of accused came back and thereafter, she was got married by the accused somewhere else; however, the accused was having enmity with Mool Chand, deceased; on 27.7.2009 at about 6 PM, when Mool Chand (deceased) was going towards the market from his house and the moment he reached near the hut of accused, the accused started assaulting Mool Chand with a Kanta (sharp edged weapon), whereby Mool Chand fell on the ground and died on the spot; having heard the noise, wife of Mool Chand rushed and came on the spot; meanwhile the accused run away from the spot brandishing the weapon Kanta (sharp edged weapon); dead body of Mool Chand was lying on the spot; therefore, after registering the FIR, the appropriate action may be taken.

(3.) Post-Mortem on the dead body was conducted by PW5 Dr. Vipin Chand on 28.7.2009. During the post-mortem, the following ante-mortem injuries were observed on the body of deceased Mool Chand: -