SURENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 13-7-1994, passed by II Additional Sessions Judge, dehradun, in Sessions Trial No. 21 of 1993, whereby accused/appellant Surendra kumar has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I. P. C.), and sentenced to imprisonment for life and also directed to pay fine of Rs. 2,000/ -. In default of payment of fine, the convict (appellant) is directed to undergo rigorous imprisonment for a further period of six months.

(2.) HEARD learned counsel for the parties and perused the Lower Court Record.

(3.) PROSECUTION case is that on 17-10-1992 (a day before the incident in question), ashok Kumar (deceased) was to play a role in Ram Leela in Banjarwala, Dehradun. His brother Vinod Kumar was making sitting arrangements for ladies. Meanwhile, accused/appellant Surendra Kumar came there and objected as to why Vinod Kumar is standing on the side meant for ladies. This caused a scuffle between the two. Ashok kumar (deceased) came there, slapped the two, which subsided the quarrel. On this, accused/appellant Surendra Kumar threatened him (Ashok Kumar) to see later. Next day, on 18-10-1992 at 8. 15 p. ,m. , before the start of Ram Leela, Ashok Kumar (deceased)proceeded from his house to play his role in Ram Leela. When he reached near the house of Village Pradhan Rajendra singh, accused/appellant Surendra Kumar armed with a CHAPAR (DAO/long knife, meant for peeling the fishes), came there and started giving blows on the person of Ashok kumar, who raised alarm. On this P. W. 1 banwari Lal (father of the deceased/complainant), vinod Kumar (brother of the deceased), P. W. 3 Dayal Singh and some women reached there and saw accused surendra causing injuries on the person of ashok Kumar, whereafter, the accused surendra ran towards north. Complainant and others took the injured immediately to doon Hospital for treatment, but he was declared brought dead. Thereafter, P. W. 1 banwari Lal got written First Information report (Ext. A-1) through P. W. 3 Dayal singh and gave it on the same day (18-10-1992)at 22. 30 hours at the Police Out Post patel Nagar, within the limits of Police station Kotwali, Dehradun. On the basis of said first Information Report, Check Report (Ext. A-10)was got prepared by the Police. A crime No. 116 of 1992 was registered against accused Surendra Kumar, relating to offence punishable under Section 302 i. P. C. Investigation was taken up by P. W. 7 sub Inspector Harendra Singh Bhandari. On the next day i. e. 19-10-1992, the Police took the dead body of Ashok Kumar in their possession and prepared Inquest Report (Ext. A-17) at 11. 00 a. m. Other necessary papers Police Form No. 13 (Ext. A-12), Sketch of the Dead Body (Ext. A-13), Letter to Chief medical Officer (Ext. A-14), requesting for postmortem examination and Sample Seal (Ext. A-15) were also prepared. The dead body was sent for postmortem examination at 3. 25 p'. m. on 19-10-1992. Postmortem examination was conducted by P. W. 6 dr. Rakesh Shamsheri, who prepared Autopsy report (Ext. A-5 ). He recorded as many as seven incised wounds on the dead body and opined that deceased had died due to shock and haemorrhage on account of ante mortem injuries. During investigation, the Police collected blood stained soil and sample soil from the place of incident and prepared memorandum (Ext. A-2 ). On 19-10-1992, at about 14. 30 hours, a Jacket, containing bloodstains, was recovered from the accused/appellant surendra Kumar and a memorandum (Ext. A-3) was prepared in the presence of the witnesses. Also, CHAPAR (DAO/long knife), used in the crime, was recovered on the pointing out of the accused and a memorandum (Ext. A-4) was prepared in the presence of witnesses P. W. 4 Manwar singh and P. W. 5 Rajendra Singh, who were also witnesses of recovery of Jacket. Witnesses of the incident were interrogated, Site plan was prepared and blood stained Shirt/jacket, knife and soil were sent for chemical examination. After completing the investigation, the Investigating Officer submitted charge Sheet (Ext. A-9) against accused surendra Kumar for his trial in respect of offence punishable under Section 302 I. P. C.