HARISH ALIAS GUDDA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal jail appeal has been preferred by appellant Harish @ Gudda against the judgment and order dated 9-10-2001, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 353/1999, State Versus Harish @ Gudda, convicting the accused/ appel lant U/ss 302,307 and 452 I. P. C. and sentencing him to undergo imprison ment for life U/ S 302 I. PC. ; five years' R. I. U/s 307 I. P. C. , and one year's R. I. U/s 452 I. P. C. All the sentences were to run concurrently.

(2.) BRIEF facts of the case are that on 24-3-1992 at about 4. 00 p. m. com plainant Suresh Kumar lodged written report, Ext. Ka. 1 at Police Station, Tanakpur with the allegations that he along with daughters Km. Madhu aged about 17 years, Km. Lata aged about 13 years and one another younger daughter, reside in Mohalla Lal Imali Parao Tanakpur. His neighbour accused Harish @ Gudda had evil eye towards his daughters and the complainant and his wife scolded him. On 24-3-1992 at about 3. 30 P. M. accused Harish sud denly came at the house of the com plainant and took out a knife and started assaulting his wife and daugh ter Km. Madhu with intention to com mit their murder. On hearing alarm of complainant, his uncle Pyare Lal and neighbour Ram Dayal reached there. Thereupon the accused came out of the house with his knife in his hand. The accused also started assaulting Km. Lata, the another daughter of the com plainant, who had returned from her school, with the knife. Looking the crowd of people assembled there, the accused ran towards the station with the knife. On the basis of written report, chick F. I. R. , Ext. Ka. 8 was drawn at P. S. Tanakpur and case U/ss 452/ 307 I. P. C. was registered against the accused/appellant Harish @ Gudda.

(3.) THE prosecution in order to prove its case against the accused/ap pellant, examined 10 witnesses. Of these, P. W. 1 Suresh Kumar is the com plainant of the case. He is also an eye witness of the incident. This witness de posed that the accused Harish usually used to tease his daughters Km. Madhu aged 17 years, Km. Lata aged 13 years and Km. Sunita aged about 6 years. He and his wife had complained about this to the accused and had also repri manded him many times. He further deposed that on 24-3-1992 at about 3:30 P. M. the accused suddenly entered in his house. At that time his wife Smt. Vidya Devi, mother Smt. Lakshmi Devi and daughter Km. Madhu were inside the house. When his wife Smt. Vidya asked the accused as to why he had en tered in the house, the accused took out a knife from his pocket and gave knife blow on the back of his wife. When his mother Smt. Lakshmi Devi and daughter Km. Madhu tried to save Smt. Vidya Devi, the accused also as saulted Smt. Lakshmi Devi and Km. Madhu with the knife. THE accused gave knife blows on the neck of Smt. Lakshmi Devi and on the forehead and hand of Km. Madhu. THE complainant came out of his house and raised alarm and on hearing alarm his neighbour Ram Dayal, Pyare Lal etc. reached at the spot. THE witness further deposed that his daughter Km. Lata had also returned from her school and at the door of his house the accused gave knife blows on the neck and other parts of the body of Km. Lata, due to which she was badly injured. THEreafter the accused ran towards Roadways Bus Stand with the knife. He carried his mother, wife and daughters in injured condition to the P. S. Tanakpur and from there they were carried to Tanakpur Government Hospital for treatment. Km. Lata on reaching at Tanakpur Hospital suc cumbed to her injuries. This witness further stated that he lodged the written re port, Ext. Ka. 1 at Tanakpur P. S.