HARISH KUKRETI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) Cr.P.C., has been preferred by the convict/appellant against the judgment and order dated 27.8.1997 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No. 15 of 1994, State Harish Kukreti @ Tillu convicting the appellant under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life.

(2.) The prosecution story, in brief, is that on the date of occurrence i.e. on 2.12.1992 deceased Ajai had to participate in the marriage function of son of Rajendra Singh Negi in the neighbourhood. There was some quarrel between him and some other boys. At about 9.00 p.m. parents of Ajai were informed that somebody has injured Ajai with knife. Hearing this news, they rushed on the spot. When they reached the spot, Ajai was alive and told his parents before large number of persons that he was inflicted knife injuries by one Tillu @ Harish Kukreti, who is a resident of Maanpur, near Pencil Factory. At the time when Ajai had made this statement, he was fully conscious. He was rushed to the hospital in precarious condition and died inspite of best efforts. The First Information Report of this occurrence was lodged on the same day at about 11.00 p.m. by Bachan Singh, father of the deceased, on the basis of which case was registered against the accused Harish Kukreti alias Tillu. The investigation was entrusted to S.I., P.S. Manola, who immediately proceeded on the spot, prepared site map. The body was taken into custody, Panchayatnama was done and thereafter it was sent for post mortem examination.

(3.) The Investigating Officer recorded the statement of the witnesses under Section 161 of the Cr.P.C., completed all other formalities and after completing the investigation, submitted the charge sheet against the accused/appellant under Section 302 I.P.C. to the court of Magistrate, who in turn, committed the case to the court of Sessions Judge for trial of the accused/appellant.