Decided on November 02,2012

Navbharat Singh S/O Late Durga Singh Appellant


- (1.) This appeal, is preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 05.11.2011, passed by III Additional Sessions Judge, Dehradun, in Sessions Trial No. 81 of 2010, whereby said court has convicted accused/appellant Navbharat Singh under section 302 of IPC, and sentenced him to imprisonment for life, and directed to fine of Rs. 2,000/-, in default of payment of fine the convict shall undergo simple imprisonment for a further period of six months.
(2.) Heard learned Amicus Curiae for the appellant, learned counsel for the State, and perused the lower court record.
(3.) Prosecution story in brief is that accused/ appellant Navbharat Singh used to live in House No. 140 D.L. Road, Dehradun, in front of house of Dharamveer (deceased) who was resident of House No. 102 on the same road. Prosecution case is that the relations between the two got soured after Navbharat used to quarrel with his sister-in-law. On 13.02.2010 at about 4:30 P.M., accused Navbharat Singh started beating his sister-in-law on which Dharamveer (deceased) intervened. This enraged accused Navbharat Singh who picked up a SABBAL (heavy iron rod) and gave one after another blows on the head of the Dharamveer. Consequently, Dharamveer died on the spot. The incident was witnessed by Kundan Singh (P.W.1), Tasleem (P.W.2) and two others namely Deepak Kumar and Smt. Sheela. Said witnesses immediately caught the accused Navbharat Singh and detained him. Meanwhile, oral information was sent to the nearest police outpost from where Sub-Inspector Urmila Badola (P.W.6) came at the spot. The custody of the accused Navbharat Singh was handed over by the witnesses to the police official. A first information report (Ex. A6) was lodged by P.W.4 Man Singh at Police Station Dalanwala, Dehradun, on the basis of which check report (Ex. A11) was prepared and crime no. 25 of 2010 was registered against accused Navbharat Singh relating to offence punishable under section 302 IPC. P.W.7 Inspector Dhirendra Singh Rawat investigated the crime. P.W.6 Sub Inspector Urmila Badola who immediately after the incident reached at the place of incident, took dead body of the deceased in her possession and prepared inquest report (Ex. A12) and other necessary papers on record like sketch of dead body (Ex. A15), Police Form no. 13 (Ex. A16), sample seal (Ex. A17) and letter to Chief Medical Superintendent (Ex. A14) requesting for post mortem examination. P.W.3 Dr. Ajit Gairola conducted post mortem examination on the dead body of Dharamveer on 14.02.2010, and prepared autopsy report (Ex. A5). He recorded as many as five ante mortem injuries on the head of the deceased and opined that deceased had died of shock due to the extensive injury on vital organ brain. After interrogating the witnesses and inspecting the spot, the Investigating Officer (P.W.7) submitted charge sheet (Ex. A7) against accused Navbharat Singh for his trial in respect of offence punishable under section 302 IPC.;

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