SERVESH KUMAR GUPTA , J. -
(1.) AT the outset, it is pertinent to mention that the
appellant/accused Mohan Lal has preferred criminal appeal no.96 of 2004,
whereas the convict Anand Lal has preferred two appeals, i.e. criminal
appeal no.90 of 2004 and criminal jail appeal No.56 of 2005. So, all
these three appeals are being adjudicated by this single judgment, as the
same have arisen out of a common judgment dated 10.3.2004 passed by the
Sessions Judge, Pauri Garhwal in S.T. No.97 of 2002, State Vs. Anand Lal
and three others. The said trial pertained to the offences punishable
under Sections 302/34 and 201 IPC, whereby the four accused, namely,
Anand Lal, Madan Lal, Shanti Prakash and Mohan Lal were tried for the
said offences but the same culminated by way of finding only Anand Lal
and Mohan Lal guilty. For the offence punishable u/s 302 IPC, both were
sentenced to undergo imprisonment for life along with fine of
Rs.10,000/ -, in default of which, to undergo one years simple
imprisonment. Both of them were further convicted u/s 201 IPC and
sentenced to undergo three years R.I. with fine of Rs.2,000/ - each and in
default of payment of fine, to undergo three months simple imprisonment.
However, co -accused Madan Lal and Shanti Prakash were acquitted from the
charges levelled against each of them.
(2.) IT is a case based upon the circumstantial evidence where the deceased Satish, aged about 40 years, R/o village Dharasu, Patti
Mawalsyun -I, Tehsil Lansdowne, District Pauri Garhwal, was found killed
at a thoroughfare, namely 'Deolidhar. The prosecution story is that
accused/appellants Anand Lal and Mohan Lal came at the residence of
Satish in the evening of 16.7.2002, who was in his house at that time
along with his family. The accused persons fetched Satish with them at
the allurement of a dinner party in the house of accused Anand Lal at
village Palkot, which was a nearby village. However, Satish did not
return in the night. Next day on 17.7.2002 in the morning, Manju Devi
went to village Palkot at the house of Anand Lal where she was informed
that her husband had been sent back in the last night itself. In the
meanwhile, Mahavir Singh, Chowkidar informed her that a dead body is
lying at 'Deolidhar on which she along with other villagers went at the
spot and found that dead body was of none else but of her husband.
Thereafter, she disclosed the entire happening to the villagers about the
taking away of her husband by the accused Mohan Lal and Anand Lal. Soon
thereafter, all the villagers went to village Palkot at the house of
accused Anand Lal where except Anand Lal, all other such as Madan Lal,
Shanti Lal and Mohan were present, who were asked to accompany to the
place of occurrence. At the spot, all the three above named accused
admitted before the villagers that they had committed the murder of
Satish. Subsequently thereafter, the FIR was lodged on 17.7.2002 at 1:20
PM by one Anand Singh, Pradhan of village 'Dharasu, which is Ex.Ka -4,
the Chik report whereof is Ex.Ka -5 whereas the copy of G.D. thereof is
Ex.Ka -6. Thereafter on the same day, the inquest began which could be
completed at 6 PM, the report whereof is Ex.Ka -7. All the witnesses,
present at the time of inquest, opined that deceased had died due to the
ante -mortem injuries. Thus, the dead body was sent for post -mortem which
was got done on 18.7.2002 at 12:30 PM by Dr. B.P. Kaushik (PW3). The
following ante -mortem injuries were found on the body of deceased: -
1. "L.W. 2.0 cm x 1.0 cm x muscle deep, oblique present over left side of forehead; 05.0 cm above and out from the root of nose.
2. L.W. 2.0 cm x 1.0 cm x muscle deep, oblique, present over right side of forehead, 10.0 cm above and out from the root of nose.
3. L.W. 1.5 cm x 0.5 cm x muscle (scalp) deep present over right side of head; horizontal (forward to backward); 8.0 cm above and behind from the upper, outer end of right pinna.
4. L.W. 1.0 cm x 0.5 cm x scalp deep, oblique present over right side of head; 10.0 cm above and out from occipital protuberance.
5. L.W. 5.0 cm x 2.0 cm horizontal, present over left pinna, just above the tragus. Cartilage of pinna cut through and through.
6. Abrasion 4.0 cm x 2.5 cm, horizontal present over left side of head; 12.0 cm above and out from occipital protuberance.
7. Abrasion 6.0 cm x 3.5 cm, horizontal present over right side of forehead; 3.0 cm above from outer canthus of right eye.
8. Abrasion 4. 0 cm x 4.0 cm present over right side of face; just out to the outer canthus of right eye.
9. Abrasion 7.0 cm x 4.0 cm, vertical, present over left side of face; just out to the outer canthus of left eye
10. Abrasion 2.0 cm 1.0 cm present over the dorsum of nose; 0.5 cm below from the root of nose.
11. Abrasion 2.0 cm x 1.0 cm, vertical, present over right side of face; 4.0 cm above and inward from the right angle of mandible.
12. Abrasion 5.0 cm x 2.0 cm, horizontal, present over right side of face; in front of angle of mandible, over body of mandible.
13. Abrasion 3.0 cm x 1.0 cm, horizontal present over lower lip; in mid -line.
14. L.W. 1.0 cm x 0.5 cm x muscle deep, oblique present over left side of face, over angle of mandible (left)
15. Abrasion 8.0 cm x 4.0 cm present over right side of front of neck, oblique; 4.0 cm above and out from supra sternal notch.
16. Contusion 9.0 cm x 8.0 cm, present over top and front of right shoulder
17. Abraded contusion 10.0 cm x 8.0 cm, vertical present over back of right elbow with adjacent portion of right arm and forearm.
18. Multiple abrasions of different sizes and shapes (No.10) present over back of right hand; size of max -1.0 cm x 0.5 cm vertical, over back of MP joint of right index finger. Size of minimum - 0.2 x 0.2 cm over back of wrist (inner aspect)
19. Abraded contusion 16.0 cm x 8.0 cm vertical present over front of left shoulder and arm (upper part)
20. Contusion 12.0 cm x 7.0 cm vertical present over back of left wrist, back of left hand and back of adjacent part of left forearm.
21. Abraded contusion 4.0 cm x 3.0 cm present over upper part of right thigh (over pelvic brim); 3.0 cm behind from right ant. sup. iliac spine.
22. Abrasion 2.0 cm x 0.5 cm, vertical present over left ant. sup. iliac spine
23. Abraded contusion 15.0 cm x 5.0 cm vertical, present over front of left leg; 6.0 cm below from left knee
24. Abraded contusion 10.0 cm x 6.0 cm, vertical present over outer aspect of left leg; 7.0 cm above from lateral malleolous.
25. Abrasion 3.0 cm x 1.0 cm vertical, present front of right thing, 20.0 cm below from right ant. sup. iliac spine
26. Abraded contusion 10.0 cm x 8.0 cm vertical present over front of lower end of right thing and right knee
27. Abraded contusion 30.0 cm x 9.0 cm vertical present over front of right leg; 1.5 cm below the right knee
28. Contusion 7.0 x 2.0 cm, oblique present over front of right side of chest, just below right nipple
29. Abraded contusion 10.0 cm x 2.0 cm, oblique present over front of right side of chest; 4.0 cm above and out from Xiphisternum
30. Abrasion 3.0 cm x 2.0 cm oblique present over front of right side of chest; 2.0 cm down and out from injury no.29
31. Abraded contusion 9.0 cm x 5.0 cm horizontal present over left side of front of chest (upper part); 2.0 cm away from supra -sternal notch.
32. Abraded contusion 10.0 cm x 8.0 cm horizontal present over left side of front of chest; just below left nipple.
33. Contusion 12.5 cm x 2.0 cm, oblique present over left side of chest; 4.0 cm out from Xiphisternum.
34. Abraded contusion 6.0 cm x 1.0 cm, vertical present over left side of front of abdomen; 8 cm above and inward from left ant. sup. iliac spine.
35. Abraded contusion 31.0 cm x 15.0 cm vertical present over right side of back of chest; just below the back of right shoulder
36. Abrasion 30.0 cm x 12.0 cm, oblique present over back of left side of chest; just below back of left shoulder
37. Abrasion 12.0 cm x 5.0 cm, oblique present over back of right side of abdomen; 8.0 cm above and out from tip of coccyx.
38. Abraded contusion 15.0 cm x 9.0 cm vertical present over back of abdomen in mid -line; 18.0 cm above from the tip of coccyx. In the opinion of the medical officer, the cause of death was Coma as a result of ante -mortem injuries over head."
(3.) THE investigation of the case was conducted by the Patwari of the circle (in the remote hills, the Patwari, who is a revenue official,
exercises the power of Police in the hill areas of the State of
Uttarakhand). After completion of the same, a charge sheet was filed
against all the four above named accused persons for the offences, as
On 4.12.2002, learned Sessions Judge, Pauri Garhwal framed the charges against the accused under Sections 302/34 and 201 IPC which was
abjured by them and the trial was claimed.;