BANARASI LAL Vs. STATE

JUDGEMENT

(1.) THE Appellant Banarasi Lal has pre ferred this appeal under section 374 (2) of the Code Criminal Procedure, 1973 (hereinafter referred as 'cr. P. C. ') against the judgment and order dated 19-7-1986, passed by the then Sessions Judge, Pithoragarh in Sessions Trial No. 09 of 1986, whereby he has convicted the appellant for an offence punishable U/s 307 of Indian Penal Code, 1860 (hereinafter referred as 'i. P. C. ') and sen tenced him to undergo Rigorous Impris onment for a period of seven years and a fine of Rs. 2000/- and in default of payment of fine to further undergo R. I. for a period of six months.

(2.) IN brief, the prosecution story is mat, in the night of 15th August, 1985, one Sumer Lal, father of Ragghan Lal (PW. 5) invited Madan Lal, injured (PW. 4) and his brother-in-law Rishi Pal at a dinner in his house situate in vil lage Kasani. Madan La! and Ragghan Lal are sweepers in M. E. S. , Pithoragarh and used to live in M. E. S. quarters. It is said that after the dinner they both along with Rishi Pal left the house of Sumer Lal for their respective quarters near M. E. S. At about 9. 45 RM. when all these three persons reached near the house of Rana, they saw in the torch light held by Rishi Pal, accused Banarst Lal standing by the side of the road with his hands behind. When they reached near the house of Rana, Banarasi Lal attacked on Madan Lal with Khukhari and gave two blows on the head and neck of Madan Lal. Before Madan Lal could fall on the ground, Rishi Pal held him on his arms and Ragghan Lal pounced upon the assailant Banarasi Lal and apprehended him with blood stained Khukhari in his hand at the spot. On the alarm raised by them the neigh bours, particularly the tenants of Rana's house reached there. IN the mean time Major Rajendra Kumar Singh also reached there. The injured Madan Lal was held on a cot and rushed to Mili tary Hospital. Major Rajendra Kumar Singh also accompanied him. The in jured was given first aid. Major Rajendra Kumar Singh gave a telephonic message at Kotwari Pithoragarh that sweeper Madan Lal has been assaulted by other sweeper Banarasi Lal with some sharp edged weapon and he was brought to Military Hospital for first aid and request for immediate police action was made. This information was reduced in writing in G. D. No. 42 at 11. 30 RM. at Kotwali Pithoragarh, the carbon copy of which is Ext. Ka. 5. Thereafter the injured Madan Lal was sent to District Hospi tal in a military ambulance for medico-legal and better treatment. At that time Dr. R. P. Bhatt, (P. W. 2) was on emer gency duty in the District Hospital. He received the injured at 00. 15 A. M. in the night of 15/16-8-1985 and examined him. The doctor found following injuries on the person of injured Madan Lal: 1. INcised wound of size 22 cm x 5cm x scalp deep, commencing from left front top scalp and ob liquely placed extending upto back of pinna of left ear, 6cm back of pinna. IN way cutting the left ear, its' pinna, opening of external meatus and tragus splitting them 5cm apart. Bleed ing profusely. The margins of wound clear, sharp and inverted. 2. INcised wound of size 4cm x 3cm x skin deep on left neck middle region obliquely placed. Margins clear and sharp. Bleed ing profusely.

(3.) THE investigation of the case was entrusted to S. I. Sri Durvijay Singh. He recorded the statement of Rishi Pal and inquired about the incident from the other persons who had accompanied the injured in the Hospital. THE condition of the injured was not yet such as to give his statement, therefore, the I. O. could not record his statement in the Hospi tal. THE I. O. then proceeded to the place of occurrence on a Government jeep with constables Ved Ram and Bhuwan Singh. On reaching the place of occur rence the I. O. found Ragghan Lal, Om Prakash S/o Babu Ram, Jeet Singh, Bachchu Lal etc. with accused in their custody. THEy handed over the accused to the I. O. THEy also produced blood stained Khukhari to him. THE I. O. took the blood-stained Khukhari in his posses sion, sealed it on the spot and prepared memo, Ext. Ka. 4. THEn he inspected the place of occurrence and took the blood stained and plain earth from the place of occurrence and kept the same in two separate tins, sealed on the spot and prepared memo, Ext. Ka. 8. THEreafter the I. O. sent the accused in custody to police station through constables Ved Ram and Bhawan Singh and he himself recorded the statements of witnesses Ragghan, Om Prakash, Babu Ram and Jeet Singh. He also enquired of the in cident from other persons present there. THE I. O. prepared the site plan, Ext. Ka. 9 at the instance of witness Ragghan Lal. THEreafter the I. O. proceeded to reach the hospital. In the way he met the police escort carrying the accused to court for judicial remand. THEre he in terrogated the accused and reached the Hospital. In the hospital, the complain ant Rishi Pal handed over a torch to the I. O. THE I. O. inspected it, found it serv iceable, prepared memo Ext. Ka. 10 and gave in the Supurdagi of the complain ant. By that time the condition of the injured had improved, so he contacted him and recorded his statement. He also took into possession the Baniyan and shirt of the injured, sealed them at the Hospital and prepared memo, Ext. Ka. 3. On the same day, i. e. 16-8-1985 the I. O. went to cantonment area where he recorded the statement of Major Rajendra Kumar Singh and inspected the patient's register. Ultimately, after com pleting the investigation, the I. O. sub mitted charge sheet, Ext. Ka. 11 against the accused on 4-9-1985. He also sent the bloodstained earth, plain earth, blood-stained Khukhari and blood stained clothes to Chemical Examiner Agra for examination and report.