GAUDAM BAHADUR Vs. STATE

JUDGEMENT

(1.) 1. This criminal appeal has been preferred from jail against the judgment and order dated 12-9-2002 passed by Sri Rama Kant Sharma, the then Ses sions Judge, Rudraprayag in S. T. No. 23/2002, whereby the appellants were convicted u/s 460 I. P. C. and sentenced them to undergo R. I. for a period of ten years.

(2.) THE prosecution case in. a nut shell is that on 11-6-2002 at about 11-12 p. m. in the night few miscreants tried to break the lock of the Coopera tive Bank situated in the upper storey of the house of deceased Budhi Singh Rana. THE deceased-Budhi Singh Rana came out from his room with torch and objected them not to do so. On this, the miscreants attacked on him by sariya, sabbal and sharp edged weapon (heavy iron rod ). When Smt. Rajeshwari Devi (PW2) and Km. Anita tried to rescue the deceased, the miscreants also caused the injuries to them. THE ac cused persons switched off the main switch. THEreafter, the brother of the deceased-Chandra Singh (PW1) was informed about the incident. After re ceiving the information, Chandra Singh reached at about 12:30 P. M. at the house of his brother- deceased and the entire story was narrated to him. THE deceased was immediately taken to Bora Nursing Home, Rudraprayag, from where he was referred to Base Hospital, Srinagar. When Chandra Singh was taking his brother to Base Hospital, Srinagar for medical treat ment, the deceased succumbed to his injuries on the way. THEreafter, the de ceased was taken back to Rudraprayag Hospital for postmortem. On the very next day i. e. 12-6-2002 at about 8 a. m. Chandra Singh (PW1) lodged the writ ten report (Ex. ka. 1) at police station Rudraprayag against the unknown per sons. On the basis of the written report, a chick FIR (Ex. ka. 3) was prepared and a case was registered. S. H. O.-R. P. Singh (PW6) inspected the spot and recovered sariya, sabbal, torch, kudal etc. from the place of incident and pre pared the recovery memo of these items as Ex. ka. 5. He also took the sam ples of blood stained and plain earth from the place of incident. He also pre pared the site-plan (Ex. ka. 7 ). On being received an information with regard to the whereabouts of the accused per sons, R. P. Singh (PW6) alongwith po lice personnel reached at Madi-Gard and arrested the accused persons in presence of Smt. Rajeshwari Devi (PW2) and Km. Anita (PW3), who reached there and identified the ac cused persons. THE police prepared the arrest memo of the accused, which is marked as Ex. ka. 7. THE investigation was taken up as usual which culmi nated into the submission of the chargesheet (Ex. ka. 9 ).

(3.) IN the statement recorded u/s 313 Cr. P. C. the appellants denied the prosecution case and stated that they had been falsely implicated in this case. The appellants had stated that they belongs to Nepal and they are the citi zens of Nepal.