- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Uttaranchal High Court dismissing the appeal filed by the appellant who was convicted for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short IPC ) and was sentenced to undergo imprisonment for five years and pay a fine of Rs. 5,000/- with default stipulation.
(3.) Background facts in a nutshell are as follows: Sageer Ansari (hereinafter referred to as the deceased ) was a carpenter, who used to live in Hotel Hari Om in Uttarkashi. On 27.3.2005, he was coming from Hari Om Hotel towards Uttarkashi town. Accused/appellant Girish Singh was coming from opposite direction towards Sageer Ansari-deceased. When both of them reached near Tambakhani they had some altercations between them. Suddenly, accused-appellant Girish Singh pushed deceased Sageer Ansari from the road. Consequently, Sageer Ansari fell down from the hill and suffered injuries due to the fall from Uttarkashi - Tehri Road. The incident took place at 1.00 p.m. PW3 Israil Mian, brother of the deceased, and PW4 Mazhar Ansari, son of the deceased, who were following Sageer Ansari (deceased), witnessed the incident. The two rushed to the place of incident and took the injured to the hospital where he succumbed to the injuries suffered by him in the incident. PW3 Israil Mian, brother of the deceased, lodged first information report (Ext. A-3) with the police station. Investigation was undertaken and on completion of investigation charge sheet was filed. As accused abjured guilt, trial was held.;