UMA SHANKAR PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 06.06.2015 rendered by learned Ist Additional Sessions Judge, Dehradun in Sessions Trial No.95 of 2012, whereby the appellant-accused, who was charged with and tried for the offences under Section 302, 504 and 506 of IPC, has been convicted and sentenced to undergo life imprisonment under Section 302 of IPC and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for two years. He was further sentenced to undergo one year simple imprisonment under Section 504 of IPC and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. He was further sentenced to undergo two years imprisonment under Section 506 of IPC and a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. All the sentences imposed under the aforesaid sections were directed to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that PW 1 Chandrabhan has lodged the FIR on 13.04.2012. According to the contents of the FIR, he was selling sugarcane juice on his cart. The accused-Uma Shankar Pandey was also selling tea near his cart. Uma Shankar Pandey bore a grudge against him. On 12.04.2012 at about 06:30 PM, the accused went to the cart of PW 1 Chandrabhan and started abusing his servant namely Surendra Kashyap. The accused inquired about him. The accused called him on telephone and told that he would kill the person who was working with him and if he wants to save him, he should come on the spot. He reached on the spot immediately. He saw that Uma Shankar Pandey has given blow with pickaxe (Gainti) on the head of Surendra Kashyap. Surendra Kashyap collapsed. Blood oozed from his wounds. He was taken to hospital in 108 Ambulance. Thereafter, he was referred to CMI Hospital. Uma Shankar Pandey advanced the threat to kill him and his family. Thereafter, FIR was registered. The investigation was carried out. The pickaxe was also taken into possession. The body was sent for postmortem examination. In the postmortem examination, the cause of death was opined to be head injury leading to excessive bleeding in the brain and cardio respiratory failure. The prosecution has examined numbers of witnesses. The statement of accused was also recorded under section 313 of Cr.P.C., 1973 He denied the case of the prosecution. The accused was convicted and sentenced, as noticed here-in-above.

(3.) Learned counsel for the appellant has vehemently argued that the prosecution has failed to prove its case. Learned counsel on behalf of the State has supported the judgment dated 06.06.2015.