PURAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Code of Criminal Procedure), is directed against the judgment and order dated 05 -03 -2002, passed by learned Sessions Judge, Almora, in Sessions Trial No. 37 of 1998, whereby accused/Appellant Puran Singh, has been convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.) and sentenced to imprisonment for life. He is further directed to pay fine of Rs. 5,000/ - in default of payment of which he is further required to undergo rigorous imprisonment for a period of one year.

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

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Code of Criminal Procedure, committed the case to the Court of Sessions, for trial. Learned Sessions Judge, Almora, after hearing the parties on 04 -08 -1999, framed charge of offence punishable under Section 302 I.P.C. against the accused Puran Singh, who pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Balam Singh (informant and brother of the deceased), P.W.2 Chatur Singh (who reached at the spot after the incident), P.W.3 Sundar Singh (eye -witness and son of the deceased), P.W.4 Pratap Singh (who also reached at the spot after the incident), P.W.5 Dr. G.C. Pandey (who conducted post mortem examination on the dead body of the deceased) and P.W. 6 B.C. Kandpal (Patwari, who investigated the crime). All the oral and documentary evidence was put to the accused under Section 313 Code of Criminal Procedure. in reply to which he alleged the same to be false. While replying the questions, under Section 313 Code of Criminal Procedure, accused Puran Singh submitted that infact at the time of incident when he protested against Bacchi Singh (deceased) as to why he is letting the stones fall from his side towards his (Puran Singh's) house, deceased Bacchi Singh gave a blow with BASULA (carpenter's axe) on the head of the accused and in private defence, the accused retorted by giving blows with a hammer on the person of Bacchi Singh. As such, the accused has come up with a clear case of private defence. Not only this, the accused has adduced evidence in defence by producing three witnesses P.W. 1 Dr. K.P. Kanival (a medical officer of a government hospital, who examined the injuries of the accused and prepared report - Ext. B -1), P.W. 2 Puran Singh (accused himself) after seeking permission under Section 315 Code of Criminal Procedure. and P.W. 3 Dev Singh. The trial court after hearing the parties, found accused Puran Singh guilty of charge of offence punishable under Section 302 I.P.C. After hearing on sentence, the trial court sentenced the convict to imprisonment for life and also directed to pay fine of Rs. 5,000/ - in default of payment of which convict was required to undergo rigorous imprisonment for period of one year. Aggrieved by said judgment and order dated 05 -03 -2002, passed by learned Sessions Judge, Almora, in Sessions Trial No. 37 of 1998, this appeal is preferred by the Appellant.