Decided on February 19,2007

DINESH Appellant
STATE Respondents


PRAFULLA C.P.IMT, J. - (1.)THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 28th of January 1997, passed in Sessions trial No. 13 of 1993, whereby learned Sessions Judge, Tehri Garhwal has convicted the appellant Dinesh under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentence him to imprisonment for life.
(2.)HEARD learned counsel for the parties and perused the entire evidence on record.
(3.)PROSECUTION story, in brief, is that on 2nd March 1993, P.W.2 Suresh Chandra along with P.W.3 Sohan Lal, accused / appellant Dinesh and Laxmi Prasad (deceased), had gone together from their houses to Inter College, Dhopardhar to enquire about the date of practical examination. When they reached at Penkoti, two other students of the same College, told them that the date of practical examination is yet not fixed. Thereafter, they started coming back to their village. P.W. 2 Suresh Chandra and P.W.3 Sohan Lal were 10 -15 paces ahead of accused / appellant Dinesh and Laxmi Prasad (deceased). They were on foot. When they reached near Sherji Tok, at about 4:30 P.M., suddenly, the aforesaid two witnesses heard noise from behind and saw that Dinesh and Laxmi Prasad were quarrelling with each other. The two witnesses saw that deceased Laxmi Prasad gave a kick on the back of accused / appellant Dinesh. Reacting to it, Dinesh took out a knife from his pocket, and angrily gave a blow on the chest of Laxmi Prasad (deceased). Accused / appellant Dinesh, thereafter, drew the knife back from the body of Laxmi Prasad and ran away from the place of occurrence. The two witnesses, namely Suresh Chandra and Sohan Lal took the injured on their back to village Doni, Patti Giyarah Gaon, and reached there in the evening. They narrated the entire incident to the father of the injured, meanwhile, the injured succumbed to the injuries received by him and died on the very day. P.W.1 Parma, father of Laxmi Prasad got lodged the First Information Report (Ext. A -1) of the incident, on the next day Le. 03 -03 -1993, at about 12:30 hours, to the Nayab Tehsildar of the area (In Uttaranchal hills, in certain areas, Revenue Officers are given police powers). The distance between the place of incident and sub Tehsil Headquarter of Jakhauli is 70 Kms. by bus and rest 12 Kms. on foot. A crime No. 04 of 1993 was registered against the accused Dinesh under Section 302 of I.P.C. The Revenue Officers went to the village Doni and took the dead body of Laxmi Prasad in their custody on that very day Le. 3rd March 1993. An inquest report (Ext. A -3) was prepared by the Nayab Tehsildar in the presence of the Panchas (witnesses). The accused Dinesh was also arrested on that very day, and knife (Ext. 1) used in the crime, was also recovered from him. A recovery memo (Ext. A -4) was prepared by the Nayab Tehsildar Madho Singh Rana (P.W.6). The said Investigating Officer inspected the place of incident and prepared the site plans Ext. A -6 and Ext. A -7, and interrogated the witnesses. Meanwhile, the dead body was sent for post mortem examination next day on 4th March 1993. Autopsy was conducted on the dead body by P.W.4 Dr. Mohibullah at Tehri, who prepared the post mortem examination report (Ext. A -2). After completion of the investigation, a charge sheet was submitted against the accused Dinesh for his trial relating to offence punishable under Section 302 of the I.P.C.
The Magistrate on receipt of the charge sheet, appears to have committed the case to the court of Sessions, for trial, after giving necessary copies to the accused, as required under Section 207 of the Cr.P.C. The Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 of the I.P.C. against accused I appellant Dinesh. The accused I appellant pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Parma (informant and father of the deceased); PW. 2 Suresh Chandra (eyewitness); P.W.3 Sohan Lal (another eyewitness); P.W.4 Dr. Mohibullah (who conducted the post mortem examination); P.W.5 More Singh (witness of the preparation of inquest report) and P.W. 6 Naib Tehsildar Madho Singh Rana (Investigating Officer). No evidence was adduced in defence. The oral and documentary evidence, produced by the prosecution was put to the accused under Section 313 of Cr. P. C., in reply to which he alleged the same to be false. After hearing the prosecution and the defence, the trial court found the accused Dinesh guilty of the offence punishable under Section 302 of the I.PC., and after hearing on sentence, sentenced him to imprisonment for life. Aggrieved by the judgment and order dated 28 -01 -1997, the convict has preferred this appeal. The appeal was initially filed before the Allahabad High Court in the year 1997 from where it is transferred to this Court under Section 35 of the U.P. Re -organization Act, 2000, for its disposal.


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