HARISH @ GUDDA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal jail appeal has been preferred by appellant Harish @ Gudda against the judgment and order dated 9 -10 -2001, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 353/1999, State Versus Harish @ Gudda, convicting the accused/ . appellant U/Ss 302, 307 and 452 I.PC. and sentencing him to undergo imprisonment for life U/ S 302 I.P.C.; five years' R.I. U/S 307 I.P.C. and one year's R.1. U/S 452 I.P.C. AII the sentences were to run concurrently.

(2.) BRIEF facts of the case are that on 24 -3 -1992 at about 4.00 p.m. complainant Suresh Kumar lodged written report, Ext. Ka.1 at Police Station, Tanakpur with the allegations that he along with daughters Km. Madhu aged about 17 years, Km. Lata aged about 13 years and one another younger daughter, reside in Mohalla Lallmali Parao Tanakpur. His neighbour accused Harish @ Gudda had evil eye towards his daughters and the complainant and his wife scolded him. On 24 -3 -1992 at about 3.30 P.M. accused Harish suddenly came at the house of the complainant and took out a knife and started assaulting his wife and daughter Km. Madhu with intention to commit their murder. On hearing alarm of complainant, his uncle Pyare Lal and neighbour Ram Dayal reached there. Thereupon the accused came out of the house with his knife in his hand. The accused also started assaulting Km. Lata, the another daughter of the complainant, who had returned from her school, with the knife. Looking the crowd of people assembled there, the accused ran towards the station with the knife. On the basis of written report, chick F.I.R., Ext. Ka.8 was drawn at PS. Tanakpur and case U/Ss 452/ 307 I.P.C. was registered against the accused/appellant Harish @ Gudda. .

(3.) THE investigation of the case was started by S.1. Umesh Chandra Pant. He reached at the spot and sent the injured to Tanakpur Hospital for medical treatment through C.P. Bhupendra Singh. Km. Lata succumbed to her injuries in the Hospital, hence the case was converted U/S 302 I.P.C. The Investigating Officer reached at the Hospital and performed inquest on the dead body of Km. Lata and prepared inquest report, Ext.Ka.10. He prepared sketch dead body, Police form No.33, Form NO.13, report to R.I., letter to CMO, report to C.M.O. Exts. Ka.11 to 16 respectively. He sealed the dead body and prepared sample seal, Ext.Ka.17. The autopsy on the body of the deceased was performed in the hospital by Dr. Ram Prakash Sharma, P.W.9 on 25 -3 -1992 at about 3 -50 P.M. The I.O. visited the place of occurrence and prepared site -plan, Ext.Ka.18. Thereafter the investigation was transferred to S.1. Krishna Thapa. On 25 -3 -92 the I.O. recorded the statements of injured Km. Madhu, and witness Smt. Lakshmi Devi. On completion of investigation the I.O. submitted charge sheet, Ext. Ka.19 against the accused persons.