MAHESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal has been directed against the judgment and order dated 25.08.2015/28.08.2015, passed in Sessions Trial No. 02 of 2015, State Vs. Mahesh Kumar (for short "the case") by the learned Sessions Judge, Bageshwar. By the impugned judgment and order appellant Mahesh Kumar has been convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 2,000/-.

(2.) Briefly stated, according to the prosecution, on 20.11.2011, the appellant and deceased, both brothers, were abusing each other and fighting in their house. Suddenly, the appellant went inside the house and brought a knife and attacked the deceased Dinesh Kumar. The deceased was taken to the hospital, but he succumbed to the injuries. The deceased was declared brought dead by the doctor. The incident was witnessed by the father of the deceased PW1 Hayat Ram, his brother PW2 Deepak Kumar, his mother Madhuli Devi and his wife PW8 Kamla Devi. Report of the incident was lodged on 21st November, 2014 at 10:00 AM at the concerned Revenue Police Station. Prior to it, on 20th November, 2014 at about 10:36 PM information was sent by the Hospital authorities about the death of the deceased. On 21st November, 2014, PW5 Puran Chandra Joshi prepared the inquest of the dead body. Post mortem was conducted on the same day at 12:45 P.M. Initially, PW6 Mohan Singh Nayal, Naib Tehsildar conducted the investigation, prepared the site plan, arrested the appellant and at the instance of the appellant, a knife used in the incident was recovered by him. Subsequent to it, investigation was transferred to PW9 Sub Inspector, S.K. Kushwaha. The appellant was also medically examined. He had received some injuries, which would be discussed at a later stage. At the instance of the appellant, the clothes worn by him at the time of incident were also recovered. The articles were sent for forensic examination. Report received. After investigation, charge-sheet was submitted against the appellant. Cognizance was taken. On 26.02.2015, charge under Section 302 IPC was framed against the appellant, to which, he denied and claimed trial.

(3.) Prosecution, in order to prove the case, examined as many as nine witnesses, namely, PW1 Hayat Ram, PW2 Deepak Kumar, PW3 Dr. Akhilesh Kumar, PW4 Gokul Ram, PW5, SubInspector, Puran Singh, PW6 Mohan Singh Nayal, PW7 Dr. Rajesh Singh Gunjiyal, PW8 Kamla Devi and PW9 Sub Inspector, Surendra Singh Kushwaha.