BABITA ALIAS NEHA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter for brevity re ferred as Cr. P. C.), is directed against the judgment and order dated 15-04-1994, passed in Sessions Trial No. 68 of 1990 (alongwith Sessions Trial No. 107 of 1992) by the then learned Sessions Judge, Dehradun, whereby he has con victed appellants Babita, Rukmani and Jhandu under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I. PC.), and sentenced each of them to imprisonment for life. However, other two accused Smt. Prakasho and Ramesh have been acquitted of the charges framed against them.

(2.) PROSECUTION story, in brief is that about 5-6 days before the date of the incident, on 29-05-1990, accused Smt. Prakasho had a quarrel with deceased Smt. Kusum Thapa of which a report was got registered by both the sides in Police Station Cantt. , Dehradun. There after on 04-06-1990, at about noon, Smt. Kusum Thapa (deceased) had gone to a near by canal with her cow so that the cattle may have water. There, suddenly, accused/appellants, Babita, Rukmani and Jhandu reached in a Maruti Van registration No. HYG 663, which was being driven by ac cused Ramesh. Smt. Prakasho also came out of her house at that time and pointed at Kusum Thapa that she is the lady who quarreled with her. On this, accused/appellants Babita, Rukmani, who were armed with knives, started giving blows with the weapons on the person of Smt. Kusum Thapa. On the shouts of Kusum Thapa, her husband Shivraj (P. W. 1), another eyewitness Sandeep (P. W. 2), one Ajay Singh and Mohabbat Singh, rushed to the spot. They saw the two girls, named above, striking blows with knives on the per son of Kusum Thapa while third ac cused Jhandu armed with revolver, was standing at some distance. He chal lenged the witnesses not to dare to come to the rescue of the deceased. On seeing the situation, P. W. 1 Shivraj, P. W. 2 Sandeep, Mohabbat Singh and Ajay Singh went inside their house and came out with lathies (rods ). The ac cused persons left Kusum Thapa injured and fled away in the van. Immediately information was given to the nearby police station and Kusum Thapa was taken in a jeep to the hospital, where she succumbed to the injuries received by her in the incident P. W. 1 Shivraj, thereafter lodged the First Information Report (Ext. A-1) on the very day i. e. 04-06-1990, at about 13:30 hrs with the police station Cantt, Dehradun. Check report (Ext. A-20), of the same was prepared by P. W. 9 Head Consta ble Bharose Lai, who also made entry in the General Diary (extract of which is Ext. A-l7 ). On the basis of First In formation Report, crime No. 390/1990 was registered against accused Babita, Rukmani, Smt. Prakasho and Jhandu relating to the offence punishable un der Section 302 of I. P. C. P. W. 6 Sub-Inspector R. S. Rana, investigated the crime. He inspected the spot on the very day and prepared site plan (Ext. A-6 ). He also took the blood stained soil and sample soil and got prepared memo (Ext. A-4 ). The vehicle registra tion No. HYG 663, used in the crime was recovered on the very day. After re cording the statements of the witnesses, the Investigating officer, arrested accused/appellants Babita and Rukmani on 17-06-19-90. During investigation, name of Ramesh (though not named in First Information Report) also figured and later on he too was arrested. A charge sheet was submitted against all the five accused persons before the Magistrate.

(3.) BEFORE further discussions, it is necessary to mention the ante mortem injuries found on the person of Smt. Kusum Thapa. Dr. Kuldeep Dutta (P. W. 3) conducted autopsy on the dead body and prepared post mortem exami nation report (Ext. A-2 ). According to the Medical Officer, following ante mortem injuries were found: 1. Incised wound 6cm x 1 cm lat eral to an outer angle of left eye muscle deep. 2. Incised wound 10cm x 5cm on medial aspect of right forearm just below elbow. 3. Incised wound 3cm x 2cm x ab dominal cavity deep on right side liver incised with blood in ab dominal cavity. 4. Incised wound 9cm x 4cm on left side of chest with cut in heart. 9cm below collar bone. On internal examination, two in cised wounds were found in the region of thorax and three incised wounds were found in the abdomen.