RAM CHANDRA SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.05.2018 and 17.05.2018 in Sessions Trial No.263 of 2012, State vs. Ramchandra Saini, passed by the Court of learned IInd Additional Sessions Judge, Kashipur, District Udham Singh Nagar. By the impugned judgment and order the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs.20,000/-. In default of payment of fine to undergo rigorous imprisonment for a further period of two years.

(2.) Briefly stated, according to the prosecution, the appellant, a snappish person, was neighbour of Mohan Jha. They were not in good terms because six months prior to the date of incident, the dog of appellant had bitten a relative of the first informant. The appellant was advised to manage his dog, due to which he was inimical to the first informant and his family members and quite often, he would abuse them. On 09.09.2012 at 07:30 PM, the appellant had a quarrel with his wife. Deceased Shambhu Jha intervened and resolved it. At that time also, appellant abused Shambhu Jha as to who is he to intervene in their internal matter. On the same day, at 11:15 PM, when deceased Shambhu Jha and his son Vicky were asleep in the courtyard, covering them with a mosquito net, at that time, the appellant armed with a funti (a piece of wood) attacked deceased Shambhu Jha and his son, indiscriminately. He kept on attacking them till they silenced. Hearing the screams of the deceased, the neighbours assembled and they saw appellant running from there in the electric light. Both deceased Shambhu Jha and Vicky were taken to hospital. Deceased Vicky died in the next morning. Deceased Shambhu died during treatment next day in the evening. A report of this incident was lodged on 10.09.2012 at 07:00 PM at Police Station Kashipur, District Udham Singh Nagar. Based on it, a Case Crime No.518 of 2012 under Section 302 IPC was lodged. Record reveals that on 10.09.2012 inquest of deceased Vicky was prepared by a police officer. Inquest of deceased Shambhu was also prepared on 10.09.2012. Post mortem of the dead bodies were conducted on 11.09.2012. According to the doctor, the deceased died due to anti-mortem injuries caused by sharp cutting weapon. During investigation, appellant was arrested and according to the prosecution at his instance a funti, by which the deceased were killed, was also got recovered. The investigating officer took into custody the plain and blood stained soil. These articles along with the funti were sent for forensic science examination. According to forensic report, blood was detected on these articles though the source of blood could not be detected. After investigation charge sheet was submitted against the appellant. Cognizance taken and the case committed for trial. On 29.11.2012 charge under Section 302 IPC was framed against the appellant, to which he denied and claimed trial.

(3.) The prosecution examined 9 witnesses in support of the case, namely, PW1 Niranjan Kumar, PW2 Sanjay Kumar, PW3 Mohan Jha, PW4 Pawan Devi, PW5 S.I. Amar Chandra Sharma, PW6 Baccha Jha, PW7 J.P. Juyal, PW8 Dr. Charak Saangwan and PW9 Navin Joshi.