Decided on July 25,2012

JATTI Appellant


Sudhanshu Dhulia, J. - (1.) THESE two criminal appeals arising out of a common judgment and order passed by learned Additional Sessions Judge/Ist FTC, Roorkee (Haridwar) in S.T. No. 22 of 1998, State Vs. Jatti and others, whereby out of three accused Jatti, Sudhir Sharma and Prem, first two accused Jatti and Sudhir Sharma have been convicted. Appellant/accused Jatti has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life with fine of Rs. 5,000/ -, in default of which, further six month's simple imprisonment has been awarded. He was further convicted u/s 25/4 of the Arms Act and sentenced to undergo six month's R.I. with fine of Rs. 500/ -, in default of which, he was directed to undergo further imprisonment of two weeks. Appellant/accused Sudhir Sharma was convicted by the same judgment u/s 302/120 -B IPC and sentenced to undergo imprisonment for life with fine of Rs. 5,000/ -, in default of which, he was directed to undergo six month's additional simple imprisonment. However, co -accused Prem was acquitted from all the charges levelled against him. Feeling aggrieved, two accused Jatti and Sudhir Sharma have filed the separate appeals before this Court, which are being heard together.
(2.) ACCORDING to the first information report lodged by PW1 Rajpal at P.S. Manglore, Roorkee, District Haridwar on 1.6.1997 at about 7 AM, a day before on 31.5.1997, the nephew of complainant Dhani Ram S/o Satpal, was cutting grass in his house at about 6:30 PM in the evening when he was approached by one Prem who said that he is being called by one Sudhir Sharma S/o Hari Ram Sharma, who wants to settle his accounts and pay him the money which are due against him. On this, Dhani Ram stopped the work and accompanied Prem to the place where Sudhir Sharma and one Jatti (accused) were waiting which was near the shop of one doctor. As soon as Dhani Ram reached that place, he was caught by Jatti who started stabbing him with a knife he was carrying, however Sudhir Sharma remained standing on the spot. Dhani Ram shouted and ultimately fell on the ground unconscious. The FIR further states that this incident has also been witnessed by Charan Singh, Neki Ram and Shyam Lal. After committing this crime, accused Jatti escaped in the scooter of Sudhir Sharma riding on its pillion, which was driven by Sudhir Sharma. The FIR further narrates that Dhani Ram used to work as a labourer with Sudhir Sharma and he (Sudhir Sharma) had not given him the wages for the last six months. This money was urgently required by Dhani Ram for the marriage of his sister which was to take place on 22.6.1997, i.e. barely three weeks thereafter. The FIR further states that in order not to give money to Dhani Ram, Sudhir Sharma conspired with Jatti and killed him. Complainant further states Dhani Ram was taken to Pal Nursing Home, Roorkee where he was given some initial first aid, but ultimately he passed away. The inquest commenced the same day at about 7 AM and concluded after two hours i.e. at 9 AM. Inquest report (Ex.A.10) indicates the injuries of knife on the body of the deceased and the members of inquest opined that there were stab wounds on the neck, chest and other places of the body of deceased and he has died because of those injuries and they further recommended that the body be sent for the post -mortem. The post -mortem was conducted on the body of the deceased on the same day at about 4 PM by one Dr. O.P. Sharma. There were about seven ante -mortem injuries on the body of deceased, which are as under: - 1. Stitched wound 11 cm x 15 stitches on front and right side of neck, transversely placed. On removing stitches, there was an incised wound 11 cm x 1.5 cm, tailing backwards. 2. Stitched wound 3.5 cm x 5 stitches left side neck, 4.0 cm below left mandible angle. On removing stitches, wound there was 3.5 cm x 1.0 cm x muscle deep. Wound placed transversely, tailing forward. 3. Stitched wound 6 cm x 7 stitches, on removing stitches, wound is 6 cm x 1 cm x muscle deep, vertically placed, there was tailing downward.
(3.) STITCHED wound 2 cm x 3 stitches at the top of right shoulder. On removing stitches, wound transversely placed 2 cm x 1.2 cm x bone deep tailing downward.;

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