LABHA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr.P.C.), is directed against the judgment and order dated 24-4-1987, passed in Sessions Trial No. 16 of 1986 by the then learned Sessions Judge, Dehradun, whereby appellant Labha has been convicted and sentenced under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), to imprisonment for life.

(2.) Prosecution story in brief is that on 31/10/1985, at about 9 P.M., P.W.1 Amar Singh, the informant was coming along with P.W. 4 Jeet Singh from market to his house in Mohalla Bhatra, Kanwali Road, Dehradun. When Amar Singh (P.W. 1) reached near Gurudwara, he saw his son Umra (deceased) standing therewith accused Multana, Labha and Ranjit. They were quarrelling over repayment of Rs. 5 due from Multana to Umra. Accused Multana started hurling abuses at Umra. Meanwhile, accused Smt. Bachni, mother of accused Labha, arrived there and said "UMRA DO KAUDI KA LADKA HAI. ISKO MITTI MAIN MILA DO. MAIN ISKI EENT Se EENT BAJA DUNGI". Thereafter accused Multana and Ranjeet, got hold of Umra and accused Labha drew big knife and inflicted 3-4 blows on Umra. Injured Umra rushed towards his house pressing his abdomen by hand. However, he could not run too far and fell down. According to the prosecution story, the incident was also witnessed by P.W.7 Birsa Singh @ Birkha. A tubelight was lighted from the electric pole on the road where the incident took place. Amar Singh (P.W. 1) and Jeet Singh (P.W.4), took him to the hospital, where doctor declared him dead. Amar Singh (P.W. 1), lodged the oral First Information Report on the very day at 10:40 P.M. in Police Station, Dehradun, which was recorded by Anand Pal Singh, Head Constable (P.W. 3) against the appellant Labha for alleged offence, punishable under Section 302, 120-B of I.P.C, who prepared check report (Ext. A-1). Head Constable Jagdish Prasad (P.W. 5), made necessary entry in the General Diary (Ext. A-5). Sub-Inspector Rajbir Singh (P.W. 8), the Investigating Officer proceeded for investigation. On 1-11-1985, the Investigating Officer (P.W.8) took the dead body in his possession and prepared the inquest report (Ext. A-2) and also, prepared other connected papers - Memo of recovery of soil (Ext. A-3), sketch of the dead body (Ext. A-10), police form No. 33 (Ext. A-11), and letter to Chief Medical Officer, Dehradun (Ext. A-12), requesting for post-mortem examination. Dr. Ajay Kala (P.W. 2), on 1-11-1985 at 4:00 P.M., conducted autopsy on the dead body and prepared post-mortem examination report (Ext. A-4). Following ante-mortem injuries were found on the dead body by said Medical Officer :-

(3.) After recording statements of the witnesses, the Investigating Officer also prepared the Site Plan (Ext. A -9). He submitted charge-sheet (Ext. A-14) against all the accused/appellants-Ranjit Singh, Labha, Multana and Bachni on 20/11/1985. The concerned Magistrate after giving necessary copies to the appellant, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial of the accused. The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 I.P.C. against the appellant Labha that he committed murder of Umra on 31.10.1985 at about 9:00 P.M. in Mohalla Bhatra, Kanwali Road, Dehradun. The accused/appellant Labha, pleaded not guilty and claimed to be tried. Charge of offence punishable under Section 302 read with Section 34 of I.P.C. was framed against other accused persons namely Bachni, Ranjeet and Multana. They too pleaded not guilty and claimed to be tried. Whereafter, before the trial court, prosecution got examined P.W. 1 Amar Singh-Informant, P.W. 2 Dr. Ajay Kala - who conducted the post-mortem examination, P.W. 3 Anand Pal Singh (Head Constable), P.W. 4 Jeet Singh- eyewitness, P.W.5 Jagdish Prasad (Head Constable), and P.W. 6 Home Guard Vijay Kumar, P.W. 7 Bisra Singh-eyewitness, P.W. 8. Sub-Inspector Rajbir Singh (Investigating Officer) and P.W. 9 Ombir Singh-S.S.I (The Investigating Officer who submitted the charge-sheet). All oral and documentary evidence was put to the accused persons by the trial court, as required under Section 313 of Cr.P.C. in reply to which, they submitted that they have been falsely implicated in the crime on account of enmity. Learned Sessions Judge, after hearing both the sides, found the accused Labha guilty of offence punishable under Section 302 of I.P.C. and accordingly convicted him. And after hearing him on sentence, learned Sessions Judge, sentenced him to imprisonment for life. Aggrieved by said judgment and order dated 24.04.1987, this appeal was filed by the convict before Allahabad High Court on 05.05.1987. The appeal is received by this Court under Section 35 of U.P. Reorganisation Act, 2000, for its disposal, from said High Court. (The other accused persons Bachni, Multana and Ranjeet were acquitted by the trial court on the ground that prosecution failed to establish if they had common intention with the appellant in commission of murder of the deceased).