GOVIND S/O RAGHA Vs. THE STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant Under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 04.05.1989 passed by Ist Additional Sessions Judge, Dehradun in S.T. No. 58 of 1987, whereby the learned Ist Additional Sessions Judge has convicted the appellant-Govind under Section 304 (Part-II) of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to two years imprisonment.

(2.) In brief, the prosecution case is that on 30.9.1984 at about 6:00 P.M. in the evening, appellant Govind along with his sons Lallu, Prakash and his relative Jagat had gone to attend the party at the house of Jabbar, who is the brother in law (Behnoi) of Ghanshyam and neighbourer of complainant/P.W.1 Bhagwati Devi. They started making noise and also hurled abuses. Bhajan Singh (deceased) husband of complainant Bhagwati Devi who had come from outside, asked the appellant Govind and other accused persons that they should not create noise as there was temple of Maa Vaishno Mata and if they (appellant and his associates) wanted to bow their heads, they could do from outside. On this, appellant Govind and his sons and relative caught hold Bhajan Singh and caused him injuries by beating with axe, Lathis and Dandas and started to drag him towards their house. Meanwhile, Chandra Pal Sharma and Ved Prakash, sons of complainant and other persons of the locality had reached on the place of occurrence. After seeing all these persons, appellant and other accused persons ran away from the place of occurrence. Thereafter injured Bhajan Singh was got admitted in Doon Hospital. With the same averments, P.W.1 Bhagwati Devi wife of injured Bhajan Singh lodged the FIR of the said incident orally in P.S. Kotwali, Dehradun on 30.9.1984 at 8:05 P.M. On the basis of the oral FIR, a Chik FIR was prepared by Constable Clerk Sewa Ram, i.e. Ex.Ka-1. The entry was also made in the G.D., the carbon copy of G.D. is Ex.Ka-9. The case was registered against the appellant Govind and also against co-accused Lallu, Prakash and Jagat Under Section 308 IPC as Case Crime No. 855/1984. The investigation of the case was entrusted to P.W.6 S.I. Virendra Pal Singh. Injured Bhajan Singh died in the hospital on 1.10.1984 at 5:30 A.M. The memo was sent from the hospital on 1.10.1984 through Ward Boy Tulsi Das at P.S. Kotwali Dehradun on 1.10.1984 at 6:30 A.M., the copy thereof is Ex.Ka-4. The inquest report of the dead body was also prepared by S.I. Kiran Veer Singh on 1.10.1984, the inquest report is Ex.Ka-14. Photo Lash is Ex.Ka-13; letter sent to Inspector for conducting the post- mortem is Ex.Ka-10; letter sent to CMO for conducting the post-mortem is Ex.Ka-11 and letter sent to Medical Officer for conducting post-mortem is Ex.Ka.12. Thereafter, the post-mortem of the dead body of Bhajan Singh was conducted on 1.10.1984 at 4:00 P.M., the post-mortem report is Ex.Ka-3. During the course of investigation, the I.O. took in his possession the blood stained clay and the play clay and a Fard was prepared by him i.e. Ex.Ka-5. The I.O. also took the blood stained rope and plain rope of the cot in his possession on which the deceased was said to be laid, and he also prepared a Fard, i.e. Ex.Ka-6. The axe in question was also taken into possession by I.O. and a Fard was prepared i.e. Ex.Ka-7. The I.O. also inspected the place of occurrence and prepared the site plan i.e. Ex.Ka-8. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, he submitted the charge sheet against the appellant Govind Under Section 304 IPC, i.e. Ex.Ka-2. In the said charge sheet, co-accused Prakash, Lallu and Jagat were shown as absconders.

(3.) Learned Chief Judicial Magistrate, Dehradun committed the case to the court of Sessions on 10.06.1987 under Section 209 Cr.P.C. after complying with the provisions of Section 207 Cr.P.C.