POORAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dated 15.02.2012, passed by the court of learned Sessions Judge, Almora, Camp Ranikhet, in Sessions Trial No. 18 of 2007, State Vs. Pooran Singh. By the impugned judgment and order, the appellant has been convicted under Section 302 IPC and sentenced for imprisonment for life and to pay a fine of Rs.5000/- In default of payment of fine to undergo further imprisonment for one year.

(2.) Briefly stated, according to the prosecution, the deceased Ganga Dutt was Priest in Jhakarsam temple within Revenue Circle Kotli, Tehsil Bhanoli, District Almora. His term of Puja was to begin from 14.06.2007. He reached in the temple on 13.06.2007. In the night, on 13.06.2007, the appellant did maar peet with the deceased Ganga Dutt, due to which, the deceased was seriously injured. Narayan Singh and Kishana Nand intervened and rescued. Hearing the noise, Jagat Singh, Aan Singh and Ramesh Singh and other also reached at the temple. Thereupon, the appellant ran away from the place of occurrence. In the morning of 14.06.2017, the deceased succumbed to the injuries. A report to this effect was lodged by PW1 Kausubanand Pandey on 14.06.2007 at 10:00AM at Revenue Police Station Kotuli, Tehsil Bhanoli, District Almora. A Case Crime No. 1 of 2007 under Section 302 IPC was lodged and investigation began. The appellant was arrested and in jail on 16.06.2007, he was examined by PW12 Dr. R.V. Singh. Inquest of the dead body was prepared on 14.06.2007. According to the Panch, the deceased died due to injuries sustained in the maarpeet by the appellant Pooran Singh. The post mortem of the dead body was also conducted. In the post mortem, ante mortem multiple contusions on the face and extremities were noted and spleen was found ruptured. Post mortem was conducted by PW5 Dr. D.P. Durgapal. The Investigating Officer prepared the site plan and after completion of investigation, submitted charge sheet against the appellant under Section 302 IPC. Cognizance was taken and case was committed to the court of Sessions for trial. On 06.09.2007, the appellant was charged under Section 302 IPC, to which, he denied and claimed trial.

(3.) In order to prove the case, the prosecution examined as many as 12 witnesses, namely, PW1 Koustuba Nand Pandey, PW2 Krishna Nand Pandey, PW3 Narayan Singh Mehta, PW4 Aan Singh, PW5 Dr. D.P. Durgapal, PW6 Sundar Singh Gusain, PW7 Devi Dutt Pandey, PW8 Bir Singh Mehta, PW9 Krishna Nand, PW10 Jamuna Dutt, PW11 Maheshwar Dutt and PW12 Dr. R.V. Singh.