BACHAN SINGH THAPA @ PAPPU S/O GUMAN SINGH THAPA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-6-20
HIGH COURT OF UTTARAKHAND
Decided on June 19,2012

BACHAN SINGH THAPA @ PAPPU Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) THIS appeal preferred under Section 374 (2) of Cr.P.C., is directed against judgment and order dated 03.12.2011, passed by Additional Sessions Judge, Rishikesh, in Sessions Trial No. 58 of 2011, whereby said court has convicted the accused/appellant Bachan Singh Thapa @ Pappu under Section 308 of I.P.C., and sentenced him to rigorous imprisonment for a period of two years, and directed him to pay a fine of Rs. 5000/-
(2.) HEARD learned counsel for the parties, and perused the lower court record. Prosecution story, in brief, is that on 20.02.2011, PW-2 Puja Devi was present in her house with her father accused/appellant Bachan Singh Thapa @ Pappu. At about 2.30 P.M. Guman Singh (PW-1), father of the accused/appellant entered into the house. Suddenly, the accused/appellant Bachan Singh Thapa @ Pappu got enraged and gave blows with a block of cement (brick) on the head of his own father i.e. Guman Singh Thapa and injured him. Immediately, 108 Ambulance was called and Guman Singh Thapa (PW-1) was taken to the hospital. The First Information Report was got lodged by PW-2 Puja Thapa (daughter of accused/appellant). On the basis of First Information Report (Ex. A1) Crime No. 14 of 2011, was registered at Police Station-Rishikesh. Investigation was done by PW-4 Sub- Inspector Devendra Singh Rawat, who interrogated the witnesses, inspected the site and submitted charge sheet against the accused/appellant Bachan Singh Thapa @ Pappu. After giving necessary copies, as required under Section 207 of Cr.P.C., the Magistrate, appears to have committed the case to the court of Sessions for trial. Learned Additional Sessions Judge, Rishikesh, on 30.05.2011, after hearing the parties, framed charge, in respect of offence punishable under Section 308 of I.P.C., against the accused/appellant Bachan Singh Thapa @ Pappu, to which, accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Guman Singh (injured), PW-2 Smt. Puja (informant), PW-3 Rishi Thapa (eye witness and son of the accused), PW-4 Sub-Inspector Devendra Singh Rawat (who investigated the crime), PW-5 Constable Kanta Prasad, PW-6 Dr. S.P. Kudiyal and PW-7 Dr. Uttam Singh. Oral and documentary evidence was put to the accused under Section 313 of Cr.P.C. In reply to which, the accused pleaded that he caused injuries on the person of his father. After hearing the parties, the trial court found accused/appellant Bachan Singh Thapa @ Pappu guilty of charge of offence punishable under Section 308 of I.P.C. Thereafter, the parties were heard on sentence, and the convict was sentenced to rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 5000/-. Aggrieved by said order dated 03.12.2011, this appeal is preferred by the convict.
(3.) BEFORE further discussion, this Court thinks it just and proper to mention the injuries found in the person of Guman Singh (father of the accused) recorded by PW-7 Dr. Uttam Singh Kharola on 20.02.2011. The injuries recorded in Ex. A11 are being reproduced below:- 1. Lacerated wound over the left eyebrow 1.5cm x 4cm x 1mm freshly bleeded. 2. Lacerated wound over the left ear lobule 1.5cm x 5cm x 1mm deep freshly bleeded. 3. Lacerated wound over the left side of vertex 1.5cm x 4 cm x 1mm deep freshly bleeded. All the above injuries were opined to have been caused with hard and blunt object. Abrasion was found by the medical officer as fresh. Pw-1 Guman Singh is the star witness of the incident, who suffered the injuries. He is father of the accused. He has specifically stated that on 20.02.2011, his son Bachan Singh assaulted him with a brick on his head, whereafter, he started bleeding. The witness has further stated that he was taken to the hospital. This Statement of Pw-1 is further corroborated by Pw-2 Puja (daughter of the accused), who was eyewitness and present inside the house at time of incident. Not only this, Pw-3 Rishi Thapa (son of the accused) also corroborated the prosecution case that his father assaulted Guman Singh with the brick on his head.;


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