LABHA 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 24-04-1987, passed in Sessions Trial No. 16 of 1986, by the then learned Sassions Judge, Dehradun, whereby appellant Labha has been convicted and sentenced un der Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C.), to imprisonment for life.

(2.) PROSECUTION story in brief is that on 31-10-1985, at about 9:00 P. M. , P. W. 1 Amar Singh, the informant was coming along with P. W. 4 Jeet Singh from market to his house in Mohalla Bhatra, Kanwali Road, Dehradun. When Amar Singh (P. W. 1) reached near Gurudwara, he saw his son Umra (de ceased) standing there with accused Multana, Labha and Ranjit. They were quarrelling over repayment of Rs. 5 due from Multana to Umra. Accused Multana started hurling abuses at Umra. Meanwhile, accused Smt. Bachni, mother of accused Labha, ar rived there and said "umra DO KAUDI KA LADKA HAI. ISKO MITTI MAIN MILA DO. MAIN ISKI EENT SE EENT BAJA DUNGI". Thereafter ac cused Multana and Ranjeet, got hold of Umra and accused Labha drew big Unite and inflicted 3-4 blows on Umra. Injured Umra rushed towards his house pressing his abdomen by hand. How ever, he could not run too far and fell down. According to the prosecution story, the incident was also witnessed by P. W. 7 Birsa Singh @ Birkha. A tubelight was lighted from the electric pole on the road where the incident took place: Amar Singh (P. W. 1) and Jeet Singh (P. W. 4), took him to the hos pital, where doctor declared him dead. Amar Singh (P. W. 1), lodged the oral First Information Report on the very day at 10:40 P. M. in Police Station- Dehradun, which was recorded by Anand Pal Singh, Head Constable (P. W. 3) against the appellant Labha for alleged offence, punishable under Sec tion 302, 120 B of I. P. C. , who prepared check report (Ext. A-1 ). Head Consta ble Jagdish Prasad (P. W. 5), made necessary entry in the General Diary (Ext. A-5 ). Sub- Inspector Rajbir Singh (P. W. 8), the Investigating Officer pro ceeded for investigation. On 01-11-1985, the Investigating Officer (P. W. 8) took the dead body in his possession and prepared the inquest report (Ext. A-2) and also prepared other connected papers-Memo of recovery of soil (Ext. A-3), sketch of the dead body (Ext. A-10, police form No. 33 (Ext. A-11), and letter to Chief Medical Officer, Dehradun (Ext. A-12), requesting for post mortem examination. Dr. Ajay Kala (P. W. 2), on 01-11-1985 at 4:00 P. M. , conducted autopsy on the dead body and prepared post mortem exami nation report (Ext. A-4 ). Following ante mortem injuries were found on the dead body by said Medical Officer: 1. Punctured wound with clean cut margins 4cm x m x heart cavity deep, cutting the 6th rib pleura and apex of peri cardium and heart. 100 ml of blood in pericardia/ cavity, on the left side of front of chest 6cm below the left nipple, 1/2 cm away from nipple line. 2. Incised wound 2/2 cm x 1cm x 1cm deep as the outer part of back 5 cms below the posterior axillary fold.

(3.) P. W. 1 Amar Singh, is an eye witness and informant who lodged the oral First Information Report. He has stated that deceased (Umra) was his son. He further states that on the day of the incident, he along with Jeet Singh (P/w. 4) was coming from market to his house in Mohalla Bhatra, Kanwali Road, Dehradun. When he reached near Gurudwara, he saw his son Umra (deceased) standing there with accused Multana, Labha and Ranjit. They were quarrelling over re payment of Rs. 5 due from Multana to Umra. Meanwhile accused Smt. Bachni, mother of accused Labha, ar rived there and said "umra DO KAUDI KA LADKA HAI. ISKO M1tti MAIN MILA DO. MAIN ISKI EENT SE EENT BAJA DUNGI". Thereafter ac cused Multana and Ranjeet, got hold of Umra and accused Labha drew big knife and inflicted 3-4 blows on Umra. Injured Umra rushed towards his house pressing his abdomen by hand. How ever, he could not run too far and fell down. On seeing his son in an injured condition, Amar Singh (P. W. 1,) and Jeet Singh (P. W. 4) took him to the hospital, where doctor declared him dead. He has further stated that Jeet Singh (P. W. 4) is the son of his sister.