SHANKAR BAHADUR AND ORS. Vs. STATE

JUDGEMENT

(1.) This appeal, preferred under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 19.7.1983, passed in Sessions Trial No. 10 of 1983, whereby the then learned Sessions Judge, Pauri Garhwal has convicted Appellants Shankar Bahadur, Moti Singh, Kali Bahadur and Man Bahadur under Sec. 302 read with Sec. 149 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of them has been sentenced to imprisonment for life. Appellant Shankar Bahadur has been further sentenced to pay a fine of Rs. 500 in default of payment of which he is directed to undergo rigorous imprisonment for one year.

(2.) Shri L. K. Tewari, who is counsel for Appellant No. 1 Shankar Bahadur, was appointed amicus curiae for other Appellants to the case on their behalf also. We heard amicus curiae and learned Counsel for the Appellants and learned Additional Government Advocate for the State, and perused the entire record.

(3.) Prosecution story, in brief, is that complainant Laxmi Devi (P.W. 4) is widow of Har Bahadur (deceased). Her husband Har Bahadur was in service of Forest Department in a nursery at Gadoli, district Pauri Garhwal. P.W. 4 Laxmi Devi used to live with her husband in a temporary shed (dera). Near by their residence, at some distance, accused labourers Man Bahadur, Kali Bahadur and Moti Singh used to live with accused Shankar Bahadur, who had employed them with him. Accused persons Man Bahadur, Kali Bahadur, Moti Singh and Shankar Bahadur used to molest Smt. Laxmi Devi (P.W. 4) by showing currency notes to her and used to wink at her. She complained about the conduct of accused persons to her husband. On which, Har Bahadur, husband of Smt. Laxmi Devi, objected to their conduct. Since then, they started nourishing grudge against Har Bahadur (deceased). On 7.1.1983, at about 10.00 a.m. Har Bahadur sought permission from P.W. 2 Darban Singh under whom he was working in the nursery, to go to ease out himself in the forest. When he went to ease out, he met on the way, accused persons Man Bahadur, Kali Bahadur, Moti Singh and two other Nepali companions. At that time, P.W. 4 Laxmi Devi was carrying cow -dung. She saw above named accused persons Man Bahadur, Kali Bahadur and Moti Singh with their two associates, quarrelling with and beating her husband. On seeing this, she raised an alarm. P.W. 1 Ram Lal, P.W. 2 Darban Singh, P.W. 5 Prem Bahadur and few other labourers rushed towards the scene of occurrence, where they saw accused Moti Singh alongwith other Nepali labourers, pushing Har Bahadur down from a hill. Har Bahadur on being pushed down lost his control and rolled down from 40 to 50 ft. and fell down on the road. The witnesses and complainant rushed to the place where Har Bahadur was lying in an injured condition and waited for some conveyance to take him (Har Bahadur) to the hospital but since no conveyance was available for 1/2 an hour, Har Bahadur succumbed to the injuries. On the same day, i.e., 7.1.1983, at about 11.30 a.m., P.W. 4 Smt. Laxmi Devi lodged oral first information report with police station - Pauri, which was at a distance of 8 kms. away from the place of occurrence. Head Constable Pitamber Datt, prepared the check report (Ext. A -2) on the basis of oral first information report and endorsed the same in the General Diary (Extract of which is Ext. A -3 on the record). A Crime No. 8 of 1983 was registered against accused -Appellants Shankar Bahadur, Moti Singh, Man Bahadur, Kali Bahadur and two unknown persons for offence allegedly committed by them, punishable under Sec. 304/109/147/149, I.P.C. P.W. 7 Sub -Inspector Udai Pal Singh investigated the crime. He went to the place of occurrence, took the dead body in his possession and prepared the inquest report (Ext. A -5), sketch of the dead body (Ext. A -6), police form No. 13/33 (Ext. A -7) and letter (Ext. A -8) to the Chief Medical Officer, requesting for post -mortem examination. The Investigating Officer collected the simple soil and blood stained soil from the place of occurrence and prepared memo (Ext. A -4). He recorded the statements of the witnesses and prepared the site plan (Ext. A -9). After making arrest of the accused persons, he submitted charge -sheets (Ext. A -11) before the Court against all the four accused persons, for their trial in connection of the offences allegedly committed by them, punishable under Ss. 147, 149, 302 and 109, I.P.C.