BUDDU KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.), is directed against the judgment and order dated 20. 07. 1996, passed by IInd Additional Sessions Judge, Nainital, in Sessions Trial No. 02 of 1994, whereby accused/appellant Buddu Khan, is convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C.), and sentenced to undergo imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PROSECUTION story in brief is that on 18. 09. 1993, at about 8:00 p. m. in Village Fauji Math Kota, within the limits of P. S. Rudrapur (now part of District Udham Singh Nagar), accused/appellant Buddu Khan and deceased Dinesh Oli were sitting together on a cot. P. W. 1 Girish Chandra Chaturvedi was also present there. In his presence, accused Buddhu Khan, protested to Dinesh Oli (deceased) as to why did he bite on his cheek in the presence of his wife. Thereafter, P. W. 1 Girish Chandra Chaturvedi had left the place. When P. W. 1 Girish Chandra along with P. W. 5 Tejpal and one Jai Prakash again came towards near the office of Co-operative Society where earlier aforesaid incident had taken place, they saw Buddu Khan hitting with a brick on the head of Dinesh Oli, and was saying that he will give the deceased (Dinesh Oli) taste of biting the cheek. The three eye-witnesses rushed and caught hold of accused/appellant Buddu Khan. However, he escaped after freeing himself. The report of the incident was lodged by P. W. 5 Tejpal Singh with P. S. Rudrapur on the very day i. e. on 18. 09. 1993, at about 9:30 p. m. after getting it scribed from one Dharampal. P. W. 3 Constable Ved Pal, who received the First Information Report, prepared check report (Ext. A-6) and made necessary entry in the general diary, a copy of which is Ext. A-7. The crime was initially investigated by Sub-Inspector Surendra Singh Dagri (P. W. 7 ). He went to the spot and got prepared inquest report (Ext. A-4) on 19. 09. 1993, at 2:00 a. m. after taking the dead body of the deceased in his possession. He also prepared site plan (Ext. A-15 ). The police also got prepared other necessary papers, sketch of the dead body (Ext. A-13), police form No. 13 (Ext. A-10) and letter (Ext. A-14) to the Chief Medical Officer, requesting him for getting done the autopsy. P. W. 4 Constable Pramod Kumar took the dead body in a sealed condition for post mortem examination to Soban Singh Jina Hospital, Haldwani and handed it over for the purpose. P. W. 2 Dr. A. S. Singh conducted the post mortem examination on 19. 09. 1993, at about 1:00 p. m. on the dead body of deceased Dinesh Oli and prepared report (Ext. A-5 ). He opined that cause of death was ante mortem injuries on the skull bone and effusion of blood into the brain matter. Meanwhile, it appears that investigation was taken over by P. W. 6 Prem Singh Ahlawat, Inspector, who after interrogation of the witnesses, and completing the investigation, submitted charge sheet (Ext. A-9) to the Magistrate concerned.