GIRISH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under section 383 of the Code of ' Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 21.08.2006, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No.5 of 2005, whereby accused/appellant Girish Singh has been convicted under section 304, Part -11 of the Indian Penal Code. 1860 (hereinafter referred as IPC), and sentenced to undergo rigorous imprisonment for a period of five years and also to pay fine of Rs.5,000 in default of payment of which he is directed to undergo simple imprisonment for a further period of six months.

(2.) PROSECUTION story, in brief, is that Sageer Ansari (deceased) was a carpenter, who used to live in Hotel Hari Om in Uttarkashi. On 27.03.2005, he was coming from Hari Om Hotel towards Uttarkashi town. Accused/appellant Girish Singh was coming from opposite direction towards Sageer Ansari (deceased). When both of them reached near Tambakhani they had some altercations between them. Suddenly, accused/appellant Girish Singh pushed deceased Sageer Ansari from the road. Consequently, Sagar Ansari fell down from the hill and suffered injuries due to the fall from Uttarkashi - Tehri Road. The incident took place at 1.00 P.M. 3 Israil Mian, brother of the deceased, and PW4 Mazhar Ansari son of the deceased, who were following Sageer Ansari (deceased), witnessed the incident. The two rushed to the place of incident and took the injured to the hospital where he succumbed to the injuries suffered by him in the incident. PW3 Israil Mian, brother of the deceased, lodged First Information Report (Ext. A3) with the police station Kotwali Uttarkashi, at about 2.00 P.M. on the very day i.e. 27.03.2005. Head Constable Madan Mohan prepared the check report (Ext. A1) of the First Information Report and also made necessary entries in the general diary (copy of extract of which is Ext.A2). PW6 Sub -Inspector B.S.Panwar accompanied with Constables Virendra Prasad and Abdul Hassan proceeded to the District Hospital, Uttarkashi, where they took the dead -body in their possession, and prepared the inquest report (Ext.A4). PW6 Sub - Inspector B.S.Panwar further prepared sketch of the dead -body (Ext.A6); police Form No. 13 (Ext.A7) and letter (Ext.A8) to the Chief Medical Officer, requesting him for postmortem examination of the dead -body. PW5 Dr.M.P.Singh conducted autopsy on the dead -body on 28.03.2005, at 12.15 P.M. and prepared post -mortem examination report (Ext.A5). The crime was investigated by PW7 Sub -Inspector Chotey Lal Tamta. who interrogated the witnesses, and prepared the site plan (Ext. A10). On completion of the investigation, he submitted charge -sheet (Ext. A11) against the accused/appellant Girish Singh, for his trial, for allegedly committing the offence punishable under section 304 of IPC

(3.) BEFORE further discussions, it is pertinent to mention here, the ante -mortem injuries found on the persons of the deceased, recorded by PW5 Dr.M.P.Singh, who prepared the post -mortem examination report (Ext.A5). The same are reproduced as under: