NAVEEN CHANDRA & ORS Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the judgment and order dated 09.12.1993 passed by Shri M.A. Khan, the then Sessions Judge, Pithoragarh in S.T. No. 36/1992, State Vs. Naveen Chandra and another convicting the appellants u/s 302 r/w 34 I.P.C. and sentencing them to undergo R.I. for life. The facts, in a nutshell, are that on 06.05.1991 the complainant -Yashpal Verma (PW 2) lodged an F.I.R. Ex. Ka. 2 at the police station Didihat alleging therein that on 05.05.1991 at about 9:30 p.m. his father Lallu Lal Verma (deceased) was trying to extinguish the fire of the forest at Kasba Bhagichaura because it was heading to the house of Lallu Lal Verma. It was further alleged that the appellant -Naveen Chandra reached there and started hurling abuses on his father. Thereafter, Bipin Chandra (real brother of Naveen Chandra) also reached there and both the appellants assaulted the deceased with knife and screwdriver (Pechkas), due to which the deceased fell on the ground and became unconscious. It was further alleged that there was sufficient light coming from the electric bulbs fitted on the road. The incident was also witnessed by Bansidhar PW 3, Ghanshyam, Yashpal Verma -PW 2, Dwarika Lal -PW 5 and others. The accused persons fled away from the scene of occurrence. Thereafter, the injured -Lallu Lal Verma was taken to Didihat Hospital where the doctor declared him as dead. Thereafter, the complainant -Yashpal Verma PW 2 lodged a written report at the police station Didihat from where it was transferred to police station Askote because the occurrence took place in the jurisdiction of police station Askote. A case was registered at police station Askote. The police prepared the panchayatnama (Ex. Ka. 14) of the dead body of the deceased and also prepared photo lash (Ex. Ka. 15), challan lash (Ex. Ka. 17). The dead body of the deceased was sent to the District Hospital, Pithoragarh for postmortem. The investigation was conducted by Vinod Kumar Pant. S.O. Ashkote. Vinod Kumar Pant -PW7 also prepared the site plan (Ex. Ka. 5). He also took the sample of blood stained earth from the place of occurrence and prepared the memo thereof (Ex. Ka. 6). A blood stained 'baniyan' (undershirt) of the deceased was also taken into possession by the I.O. Thereafter, the Investigating Officer arrested the appellants and discovered a 'Sooja' on pointing of the appellant -Bipin Chandra. After completing the investigation, the I.O. had submitted the chargesheet (Ex. Ka. 10) against the appellants.

(2.) THE accused/appellants were charged u/s 302 I.P.C. r/w 34 I.P.C. The accused/appellants denied the charges and claimed trial.

(3.) THE prosecution had also adduced the evidence of the complainant -Yashpal Verma PW 2 who is the son of the deceased. He is an eyewitness of the incident. He had supported the case of the prosecution. He had further stated in his evidence that in the year 1981 a dacoity was committed at his house in which his sister and father of the appellants were murdered by the dacoits. After that incident, the accused persons had an impression that their father had been murdered during the course of dacoity at the instance of Lallu Lal Verma -deceased. The prosecution had also adduced the evidence of other eyewitness namely, Banshidhar Pant PW 3, Dwarika Lal PW 5 and Manohar Lal PW 7. Head Constable -Fool Chand (PW 4) was a formal witness who proved the chick FIR and G.D. by which the case was registered at the police station. Vinod Kumar Pant PW 6 was the Investigating Officer of this case. He submitted the chargesheet against the appellants after completing the investigation.