DHANNU GIRI @ RISHIPAL GIRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEREIN we adjudicate all the four appeals titled above as the same have arisen out of one judgment dated 6.9.2012 rendered by the Sessions Judge, Haridwar in Sessions Trial No. 101/2008. The trial pertains to Crime No. 333/2007 under Section 452, 302/34, 504 IPC, PS Ranipur. All the four appellants convicts were found guilty for the above offences. Learned Judge has appropriately sentenced all of them.

(2.) THE incident depicts the twin murder of the real nephew and uncle at the hands of all the appellants including one other person Lakhan Giri. Such Lakhan Giri though named in the FIR, but no chargesheet was submitted by the Investigation Officer against him, nonetheless the learned Sessions Judge has opined the incriminating similar evidence against Lakhan Giri and has directed to prosecute him after ensuring his presence in the Court.

(3.) WE do not know whether the compliance of such directions has been given effect to or not. This dreaded daring happening occurred on 13.11.2007 at about 8 PM when Jaiveer Giri and Dhyan Giri (the real nephew and uncle) were sitting in the Baithak (a room though adjacent to the house but usually used by the male members of such house for meeting and chatting with other villagers) of their residential place. The accused persons, namely, Lakhan Giri A1, Yashpal Giri A2, Ravindra Giri A3 (all sons of Puran Giri), Dhannu Giri A4 (brother -in -law of A2), Prakash Chand A5 (friend of A2), all residents of the same village, thronged into such Baithak. A1 was having battleaxe and A4 was having axe. In addition to, rest of the accused persons were armed with the lathis and batons. The informant Jaiveer Giri, the real brother of Jai Kumar Giri, was present in his home, which is just adjacent to the place of incident. All the accused persons hurled filthy abuses to Jai Kumar Giri and Dhyan Giri. When they were asked not to abuse, they all started to beat Jai Kumar Giri and Dhyan Giri from the weapons in their hands with intention to kill them. Hearing the loud shouting, informant Jaiveer Giri, Munesh Giri, Vishal Giri, Liyakat Ali and few others quickly came at the spot and seeing the witnesses arrival at the spot, the accused persons escaped from the place, but by that time both injured have almost been mortally wounded inasmuch as they became unconscious at that very moment. In order to save their life, they were taken to the Government Hospital, Haridwar at 11.25 PM, where their injuries were recorded by the Emergency Medical Officer, but looking to their serious condition they were referred to higher centre within almost half an hour. So, the informant and other family relatives took them to the Jolygrant Private Medical College and Hospital on way from Haridwar to Dehradun, but still the doctors of such big institution finding the injuries very serious, referred the patients to the District Government Hospital, Dehradun perhaps for the more dominant reason that it was a medico -legal case. The family members were constrained to take the serious patients to the District Government Hospital, Dehradun accordingly, where they were admitted at 4.10 AM of that very night. Even the treatment to save their life could not be fruitful and in the result, Jai Kumar Giri breathed his last at 9.55 AM on 14.11.2007. So, the District Government Hospital sent the death report Ex. Ka -21 to the Kotwali, Dehradun through its ward boy. The informant remained indulged to save the life of his uncle but, here too, he could not succeed and Dhyan Giri also passed away at 2.20 PM on 14.11.2007. So, his death information was sent to the Kotwali, Dehradun under the writing and signature of Emergency Medical Officer, Dehradun, which is Ex. Ka -13. Since the police station had received the death reports in a medicolegal case, so a Sub Inspector was sent from the police station for getting recorded the inquest and such inquest (Ex. Ka -9) of Dhyan Giri was conducted on 14.11.2007 up to 16.30 PM and Jai Kumar Giri's inquest (Ex. Ka -18) had been conducted up to 2 PM because he had died earlier. After 4.30 PM, Jaiveer Giri moved an application to the District Magistrate, Dehradun requesting for conducting the post -mortem of the deceased on the same day. In the evening he could procure the favourable orders. Thus, the autopsy of both the deceased could be conducted on the same day. Such post -mortem of Jai Kumar Giri, since died earlier, was conducted at 2.45 PM, while that of Dhyan Giri was conducted at 6.25 PM. The doctor has found the following injuries on the body of Jai Kumar Giri, a man of 48 years.