POORAN CHANDRA AND ANR. Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10 -05 -1985 passed by Sri V.N. Mehrotra, the then Sessions Judge, Almora in Sessions Trial No. 35 of 1984 whereby the Appellant Pooran Chandra was convicted and sentenced to undergo imprisonment for life and three years' RI under Sec. 302 Indian Penal Code and Sec. 325 read with 34 Indian Penal Code respectively. The Appellant Ramesh Chandra was convicted and sentenced to undergo imprisonment for life and three years' RI under Sec. 302/34 Indian Penal Code and Sec. 325 read with Sec. 34 Indian Penal Code respectively. It was directed that both the sentences would run concurrently.

(2.) The prosecution case, in nutshell, is that Devi Datt PW6 (injured) alongwith his wife Smt. Devki Devi (deceased), his son Girish Chandra, his daughter Smt. Munni Devi and other family members was residing in village Kaneli, Patwari Kshetra Jyoli, District Almora. (Sic) t to the house of Devi Datt, Appellants viz. Pooran Chandra and Ramesh Chandra were also residing. On 09 -07 -1984 at about 4 p.m. the Appellants -accused with the help of Gopal Singh PW5 were constructing a wall on their courtyard. By constructing the sidewall, they wanted to close the passage of the family members of Devi Datt. When the Appellants -accused tried to close their passage, deceased Smt. Devki Devi and Devi Datt objected to it. There was exchange of abuses between them. During the course of the quarrel, Appellant Pooran Chandra hit on the head of Smt. Devki Devi (deceased) with a stone, as a result of this, she fell on the ground. The other co -accused -appellant Ramesh Chandra hit on the back of Smt. Devki Devi by 'Kudal'. Devi Dart tried to save his wife, but the Appellants caught hold of him and threw him on the ground. Thereafter, Appellant Ramesh Chandra also hit him by 'Kudal', due to which his knee was fractured. Thereafter, the Appellants -accused fled away from the place of occurrence. The daughter and daughter -in -law of the deceased came at the spot and took them inside the house. In the evening, when Girish Chandra PW1 - son of Devi Dart returned to his house from the duty he found his parents lying in the injured condition. Both of them narrated the incident to him. Smt. Devki Devi -injured, made a dying declaration before her son Girish Chandra PW1 that she had been assaulted by the Appellants. Eventually, she succumbed to her injuries at about 6 p.m. Thereafter, Girish Chandra PW1 got scribed the report and lodged it before Jagdish Chandra Joshi, Patwari. After lodging the report, the Patwari visited the spot and prepared the inquest report in the night itself. He sent the dead body of the deceased to the hospital for postmortem. He also recorded the statements of the witnesses and prepared the site plan on the next day i.e. 10 -07 -1984. He (Sic) the injured Devi Datt to hospital for providing the medical aid. After completing the investigation, Jagdish Chandra Joshi PW9 (I.O.) submitted the chargesheet before the court concerned.

(3.) The accused -appellants were charged and they denied the charges and claimed trial.