- (1.) This appeal challenges the judgment and order dated 17.07.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.24 of 2007.
(2.) In Sessions Trial No.138 of 2000 on the file of the Additional District & Sessions Judge, First Fast Track Court, Haldwani, District Nainital, the appellant was tried for having committed the offence punishable under Section 304 of the Indian Penal Code, 1860 ("IPC" for short). According to the prosecution, in an incident which occurred at about 8.30 a.m. on 09.03.2000, the appellant assaulted one Prem Kumar who suffered two injuries which have been described in the record as under: "i. An incised wound measuring 8 cm x 11 cm. Scalp deep with fresh bleeding on posterio lateral part right side of head 8 cm above the right ear obliquely placed. Sharp, clear cut margin. ii. An incised wound 3 cm x 15 cm x abdominal cavity present on left side of abdomen 4 cm away from the umbilicus. This wound present obliquely margins sharp edged with fresh bleeding."
(3.) According to the record, the victim was given medical attention and was shifted to Indraprastha Apollo Hospital, New Delhi on 12.03.2000 where he expired on 21.03.2000. Death Summary issued by said Hospital stated as under: "He was referred to Apollo hospital on 12.3.2000. At the time of admission he was in a state of septicemia. He was on antibiotics, O2 inhalation inotropic agents. His anastmosis leaked and peritonitis developed for which he was operated on 15.3.2000. He developed multi organ system failure. His condition deteriorated and he died on 21.3.2000, despite of all resuscitative measures." ;