(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 19.02.1988, passed in Sessions Trial No.4 of 1986 whereby learned Sessions Judge, Dehradun, has convicted appellant Babulal under Section 302 Indian Penal Code, 1860 (herein after referred as I.P.C.) and sentenced him to imprisonment for life.
(2.) We heard learned counsel for the appellant and learned Government Advocate and perused the entire record.
(3.) Prosecution story in brief is that Surendra Singh (deceased), R/o village Nahad, was transporting boulders in his tractor trolley at the house of one Bhupendra Singh and Pratap Singh. On 25.10.1985, after making two rounds in the morning, he came back in the third round to pick up the boulders along with Prem Singh (P.W. 3), driver of the tractor, and labourers Satto (P.W. 2) and one Pappu, from the field of accused/appellant Babulal. It was 10.30 A.M. when Surendra Singh wanted to park the tractor in the field of Babulal so that the boulders may be lifted conveniently. Accused Babulal had objection to this. He apprehended that this would cause damage to the boundary wall ,in the field. When Surendra Singh (deceased) with his driver Prem Singh and labourers attempted to move the tractor from the road towards the field of Babulal, he came out from his house with 'BASULA' (a sharp edged equipment used generally by carpenters and villagers to make small pieces of wood) in one hand and a piece of wood on the other. Surendra Singh (deceased) insisted to take tractor to the field while Babulal stuck on not permitting to do so and they started quarrelling. Accused/appellant Babulal, then gave a blow with BASULA on the neck of Surendra Singh, who fell down on the ground. Before P.W. 3 Prem Singh, driver, Labourers Satto (P.W. 2) and Pappu, could reach for rescue of Surendra Singh, Babulal further inflicted 2-3 blows of BASULA on Surendra Singh and ran towards his house. Surendra Singh died on the spot. His nephew Raj Pal Singh (P.W.1), got the First Information Report (Ext.A-1), scribed through one Rishipal Singh and lodged the same at about 1:30 P.M. with Police Station-Sahaspur, which is at a distance of 17 Kms. away from the place of occurrence. Constable Ram Swaroop (P.W. 8) prepared check report (Ext. A-3) on the basis of First Information Report (Ext. A-1) and made necessary endorsement in the general diary, extract of which is Ext. A-14. Sub Inspector J.V.Badgoti (P.W. 11), who was busy with Himalayan Car rally, received the papers from the police station at about 4.00 P.M. and proceeded towards the place of occurrence. He took in his possession the dead body of Surendar Singh and prepared inquest report (Ext. A-7), sketch of dead body (Ext. A-8), police form No. 13 (Ext. A-9), letters (Ext. A-10 and Ext. A-l 1) to Chief Medical Officer, requesting for postmortem examination and sent the dead body in mortuary, for post-mortem examination in a sealed cover with Constable Hari Singh and Constable Satey Singh. Meanwhile, the Investigating Officer collected simple soil and blood-stained soil in containers (Ext. 8 and Ext. 9) and prepared memo (Ext. A-12). He further took into possession pair of shoes of the deceased, found at the spot and handed over the same to Raj Pal Singh, nephew of the deceased and prepared memo (Ext. A-13). By then it was night and further investigation was made next day. The Investigating Officer, recovered BASULA - Ext. 1 (a sharp edged equipment, used by carpenters and villagers) and prepared memo (Ext. A-6). He further recorded the statement of witnesses including that of Bala Devi (P.W. 4) on 26.10.1986. He also prepared site plan (Ext. A-15). On the same day, statements of witnesses Satto (P.W.2) and Pappu, were recorded by the Investigating Officer. He further recovered blood-stained clothes and prepared memo (Ext. A-5). The blood-stained articles were sent for chemical examination on 30.11.1985. On completion of the investigation, the Investigating Officer submitted the charge sheet (Ext. A-18) before the learned Magistrate.