NEERAJ NEGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 19 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 29.9.1997 passed by the 2nd Additional Sessions Judge, Nainital in Sessions Trial No. 59 of 1997, State v. Neeraj Negi, whereby learned Additional Sessions Judge has convicted the accused appellant Neeraj Negi under Section 302 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to life imprisonment.

(2.) In brief, the prosecution case is that PW1 Smt. Bhavna Pandey lodged an FIR Ex. Ka-1 in PS Bhimtal with the averments that on 2.11.1996 at around 6 pm, the accused appellant Neeraj Negi came at her house and was talking to her sister-in-law (Jethani) Smt. Ganga Pandey (PW2). Her father-in-law Jwala Dutt Pandey objected on this and asked the accused appellant as to why he used to come to his house. Upon this, the accused appellant angrily left her house. Electric light was on outside her house. At about 9.30 pm, she went towards the toilet outside the house. She saw that the accused appellant was standing outside the shed of cattle. His intention was not fair. Her father-in-law Jwala Dutt Pandey and her mother-in-law came outside on her shouting. Her fatherin- law followed the accused appellant up to the lemon tree, then the accused appellant clasped him and afterutting him down, assaulted him many times with a sharp edged weapon. When they started shouting, then he ran away towards the road. After hearing the shout, manypeople from the neighbourhood reached at the place of occurrence but by that time, her father-in-law Jwala Dutt Pandey was dead. With these averments, FIR Ex. Ka-1 was odged in PS Bhimtal on 2.11.1996 at 11 pm. Chick FIR Ex. Ka-11 was prepared by Constable Clerk Shankar Ram. Investigation of this case was entrusted to Station Officer DK Sharma (PW3). During the course of investigation, the I.O. prepared the inquest report Ex. Ka-4. Thereafter dead body was sent for the post mortem, which was conducted by PW4 Dr. J.P. Bhatt on 3.11.1996 at 2.30 pm and repared the post mortem report Ex. Ka-12. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka-2. Samples of blood stained soil and plain soil were also collected from the place of occurrence and fard Ex. Ka-3 was prepared. On the application of the I.O., CJM ordered for police remand of the accused appellant w.e.f. 14.11.1996 to 16.11.1996. The order of the CJM, Nainital is Ex. Ka-5. During the police remand on 15.11.1996, the knife used in the commission of crime was recovered from the bushes near the place of occurrence on the pointing out of the accused appellant and fard Ex. Ka-6 was prepared. Site plan of the place of recovery of the said knife was also prepared, which is Ex. Ka-7. Entry was also made in the GD, copy of which is Ex. Ka-8. The recovered knife, samples of soil and other recovered articles, viz., baniyan, underwear, thread etc. were sent to Forensic Laboratory, Agra for chemical examination. Report of the Forensic Laboratory, Agra is Ex. Ka-9. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka-10 against the accused appellant.

(3.) Learned Chief Judicial Magistrate, Nainital after giving the necessary copies of the documents to the accused appellant as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 20.1.1997. Learned Sessions Judge, Nainital transferred the case to 2nd Additional Sessions Judge, Nainital for itsdisposal according to law.