HARBANS KUMAR ALIAS GUDDU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 31-07-2004, passed by the Additional Sessions Judge/lst F. T. C. , Nainital, in Sessions Trial No. 135 of 2003, State Vs. Harbans Kumar @ Guddu whereby the appellant has been convicted and sen tenced to undergo rigorous imprison ment of ten years u/s 307 Indian Panel Code, 1860 (for brevity as I. P. C. ). The appellant was further directed to pay a fine of Rs. 3,0001- and in default thereto, the appellant should further undergo imprisonment of two months.

(2.) BRIEF facts of the prosecution case are that the appellant Harbans Kumar has taken a sum of Rs. 500/- as loan from the injured Seaspal. On 01-07-2003 at about 1:00 p. m. injured Seaspal was going towards river Kosi and the appellant was coming from opposite direction. When the injured met the appellant, he demanded a sum of Rs. 500/-which was taken as loan from the appellant. Due to which some scuf fle took place in between them and the appellant stabbed him by knife. Injured Seaspal sustained injury on his person and fell down on the ground. Thereaf ter, the appellant fled away from the spot. The said incident was seen by the father of the injured, Prakash PW1, Jagdish PW3 and Mahendra Prakash. Thereafter, the injured was taken to Ramnagar Civil Hospital by his father Prakash PW1 and other witnesses namely, Jagdish PW3 and Mahendra Prakash where he was medically exam ined by the doctor. After seeing the pre carious condition of the injured, he was referred to Moradabad where his treat ment was conducted at Sai Hospital, Moradabad. A report Ex. Ka. 1 was lodged by the father of the injured Prakash PW1 at the police station on the same day at about 3:10 p. m. The police started the investigation of the case and arrested accused/appellant on 02-07-2003. The police also recovered knife from the possession of the accused/ appellant. After completing the investi gation, the police submitted the chargesheet Ex. Ka. 13 before the court concerned.

(3.) THE accused-appellant was ex amined u/s 313 Cr. P. C. and he has pleaded not guilty to the offence. He has further stated that he has been falsely implicated in this case. He has stated in his statement recorded u/s 313 Cr. PC. that he got seized horns of deer from the house of the father of injured Seaspal by the Forest Department and to that effect a case is pending before the C. J. M. , Nainital against the father of the injured due to which, the appel lant has been falsely implicated in this case. THE defence has also adduced the evidence of Dayawati DW1, wife of the appellant before the court.