RAKESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This instant appeal has been filed by the appellant-accused, against the judgment dtd. 29/9/2014 passed by the learned Ist Additional Sessions Judge, Rishikesh, District Dehradun, in Sessions Trial No.77 of 2012, "State vs. Rakesh", by which the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code, and has been sentenced to undergo imprisonment for life along with a fine of Rs.10,000.00 with default imprisonment.

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that an information was given by the informant Ramesh Kumar (PW-1) to the In-charge Kotwali, Rishikesh, District Dehradun, through his written information (Ex-Ka1) that one Vimla Devi lived in his neighbourhood. The accused Rakesh was residing in her house on rent. On 14/3/2012 at around 01:30 p.m., Km. Suman, daughter of the informant, was grinding spice in her house. The accused Rakesh came there and took her to his room saying he had to talk to her. After a while, she screamed. When the informant along with his wife, Smt. Laxmi (PW-2), and his daughter reached at the spot on hearing the shout of Km. Suman, they noticed that in his room, the accused inflicted a pole axe (Gandasa) blowon her neck with intention to kill her. When his daughter, Km. Suman, raised her right hand up in defence, the blow of the pole axe (Gandasa) hit her right hand. In this incident, her hand was cut and swinged. The accused threatened to kill them, and fled from another door of his room with the said pole axe (Gandasa). The injured, Km. Suman was taken to the Government Hospital, Rishikesh, where her injuries were examined by Dr. Harish Driwedi (PW-7). She was referred to the Jolly Grant Hospital due to excessive blood loss.

(3.) The First Information Report (Ex-Ka11) was registered on 14/3/2012, at 15:20 hrs, by the Constable Roshan Rana (PW-5) against the accused under Sec. 307 and Sec. 506 of IPC.