AAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal preferred against the judgment and order dated 17/2/2003 passed by the learned Sessions Judge, Bageshwar in ST No. 28/2001, whereby the learned Sessions Judge has convicted the accused -appellant for the offence punishable under Section 325 IPC and sentenced him to undergo rigorous imprisonment for the period of three years and fine of rupees three thousand only. The learned Sessions Judge further directed that in default of payment of fine, the ap pellant would undergo simple imprison ment for another period of three months.

(2.) THE brief facts of the prosecution case as emerged from the record are that on 28. 11. 1998 at about 1600 hours, the injured Ram Chandra was sitting in his courtyard. The appellant -Aan Singh alongwith other persons came to the house of the injured -Ram Chandra and started breaking the water pipelines as well as the tape situated near his house. Seeing this, the injured told them that water is not coming in this pipeline and they are dis turbing it for no cause. Thereupon, the accused -appellant alongwith other persons started hurling filthy abuses upon him. Gopal Singh caught hold of the injured and Aan Singh (the appellant) struck an iron pipe on his head whereas other per sons surrounded him at the spot. The in jured cried for help upon which Kheema Nand S/o Leeladhar and Harish Chandra S/o Devi Dart reached at the spot and saved the injured from the clutches of the accused persons. The accused - appellant alongwith other persons left the place of occurrence threatening the injured with dire consequences. The injured -Ram Chandra was badly injured in the incident and he was taken to Bageshwar Hospital by Kheema Nand where he was admitted and treated by the doctor. As he remained admitted in Bageshwar Hospital from 28. 11. 1998 to 07. 12. 1998, the injured got scribed a report by someone with regard to the incident and got it lodged by Kheema Nand on 30. 11. 1998 to the Patti Patwari concerned (Revenue Police ). As the injured could not recover fully by the aforesaid treatment provided at Bageshwar hospital so his son - Jagdish Chandra PW2 who was serving in the Army came to his house on 25. 1. 1999 and took the injured to Delhi on 27. 1. 1999. During their journey to Delhi, the injured felt some problem at Haldwani so he was taken to the Base Hospital, Haldwani where after getting some treat ment for few hours, the journey to Delhi was again continued and ultimately, the injured who got admitted in the Emer gency Ward of Safdar Jung Hospital, Delhi died on 29. 1. 1999 at about 05. 30 pm. It is alleged that the injured died due to the head injury sustained by him on the date of the incident. The body of the deceased Ram Chandra was taken to Bageshwar from Delhi where his postmortem was con ducted by the doctors. On the report of Jagdish Chandra PW2, thr - matter was in vestigated by the police and the case was converted from non -cognizable offence to cognizable offence punishable under Sec tion 304 IPC. The Investigating Officer submitted the chargesheet against the appellant and one Bishan Singh who had died during the trial.

(3.) AFTER submission of the chargesheet, the trial court framed charges against the appellant alongwith two oth ers under Section 302 IPC readwith 34 IPC. The accused -appellants denied the charges levelled against him and claimed trial.