LAWS(UTN)-2019-4-118

DEEPAK @ DEEPU Vs. STATE OF UTTARAKHAND

Decided On April 22, 2019
Deepak @ Deepu Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Present appeal is filed against the judgment and order dtd. 16/11/2006 passed by Sessions Judge, Chamoli in Sessions Trial No. 15 of 2005 convicting and sentencing the appellant to undergo 10 years rigorous imprisonment and to pay fine of Rs.20,000.00 and in default, to undergo 2 years simple imprisonment under Sec. 304 IPC.

(2.) Brief facts of the present case, inter alia, are that on 26/3/2005, Vinod with his friends Hemant, Vikas @ Gandhi, Deepu and Rajendra went to play Holi in the mohalla of Suresh shopkeeper. After returning from the house of Suresh, Vinod went to the house of accused Deepu; seeing this accused Deepu came downward, thereafter, accused Deepu and Vinod quarrelling together came on the roof; Deepu's mother Janki Devi and his sister Kanti also came there; accused party started pelting brickbats on Vinod and others. In the meantime, PW 1 - Devendra Singh Chauhan, scribe of the FIR and brother in law of Vinod, also reached the spot. In the quarrel, Devendra Singh Chauhan tried to intervene. Suddenly, stone pelted by Deepu hit on the head of Vinod and blood started oozing out. Even then, Deepu not stopped and continued pelting brickbats on Vinod and his friends. Seeing the quarrel, people gathered there and Deepu fled away from the spot. PW1 Devendra Singh and his wife took Vinod to their home and thereafter, they took Vinod at about 04.00 p.m. in Government Hospital, Joshimath where Dr. Chandola treated him and referred him to Dehradun for better treatment; thereafter, they took Vinod to Rishikesh where Dr. Sanjeev Kharakwal informed them that Vinod had died. On the next day, they reached Joshimath, then he lodged the FIR on 28/3/2005 at 06.15 a.m. Matter was investigated and charge sheet was submitted against the appellant, Janki Devi and Kanti. After committal of the case to the court of Sessions, Sessions Judge, Chamoli framed charges to which accused pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, prosecution examined PW1 Devendra Singh, PW2 Hemant Singh, PW3 Dr. Sanjeev Kharakwal, who conducted the post mortem examination, PW4 Constable Alam Singh and PW5 Sub Inspector V.P. Sharma, who investigated the matter.