JAYANAND NAUTIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the judgment and order dated 8-1-2001, passed by Sessions Judge, New Tehri in Session Trial No. 4 of 1997, convicting the accused/appellant Jayanand u/S. 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Brief facts of the prosecution case are that on 24-10-1996 at about 9.30 p.m. when Nagendra Dutt and his wife Smt. Sushila Devi were sleeping in their house, they came out for urinating and while they were urinating, accused/appellant (hereinafter called the 'appellant') came there and stabbed Nagendra Dutt on his neck by a knife. Upon this Nagendra Dutt and his wife cried. On hearing their cries, Brijendra Dutt, the brother of Nagendra Dutt came out at the chowk of the house and saw Nagendra Dutt bleeding from his injuries and having caught hold of accused Jayanand. Nagendra Dutt told him in the presence of witness Bishambhar Dutt that accused Jayanand had stabbed him with his knife. In the meantime village people assembled on the spot on hearing the cries and the appellant taking advantage of it, succeeded in running away from the spot. In the same night, Nagendra Dutt in the injured condition was taken to the hospital at Vikasnagar for treatment. On the next day, i.e. 25-10-1996 at about 4 p.m, Brijendra Dutt lodged the written report, Ext. Ka. 3 with the Patwari Birod. On the basis of the written report, the Patwari prepared chick F.I.R., Ext. Ka. 6 and registered the case against the appellant at report. No. 86 in the General Diary, u/Ss. 307, 324 and 506, I.P.C., copy of the G.D. is Ext. Ka. 7.

(3.) Sri Prem Singh Payal, Patwari Birod started the investigation in the case. He recorded the statement of the complainant and made search for the accused but he could not be traced. Nagendra Dutt died in the hospital on 26-10-1996 during his treatment and the information about his death was sent by reporting Outpost, Harbartpur, P.S. Vikasnagar, District Dehradun vide report Ext. Ka. 15 and on the basis of this information the Investigating Officer converted the case u/S. 302, I.P.C. He arrested the accused and interrogated him. On 30-10-1996 the Patwari went to the spot and prepared site-plan, Ext. Ka. 8 of the place of occurrence on the pointing of complainant. He took into possession the blood-stained and plain earth and pieces of stones from the place of occurrence in the presence of the witnesses and prepared its recovery memo, Ext. Ka. 2. Witness Bishambhar Dutt gave him the blood-stained knife saying that it was the same knife by which the appellant had stabbed the deceased and left on the spot by him. Bishambhar Dutt also gave him the blood-stained clothes of the deceased which were removed from his body while changing his dress for going to the hospital. The Patwari prepared memo Ext. Ka. 1 for taking into possession the bloodstained knife and blood-stained clothes of the deceased.