Decided on December 06,2012

Dalveer Singh S/O Beg Singh Negi Appellant
State of Uttaranchal (Now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 22.03.2001, passed by Learned Sessions Judge, Dehradun, in Sessions Trial No. 39 of 1997, whereby said court has convicted the accused/appellant Dalbeer Singh under section 328 and 506 (2) of I.P.C. The accused/appellant Dalbeer Singh has been sentenced to imprisonment for a period of three and half years, and directed to pay fine of Rs. 2500/- under section 328 of I.P.C. He has been further sentenced to pay fine of Rs. 2500/- under section 506 of I.P.C.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Sonu Sahu aged sixteen years was student of Mahaveer Jain Kanya College, Dehradun. Her mother used to work in a factory manufacturing bulb. Accused Dalbeer Singh also used to work there. He (Dalbeer Singh) was a married man. PW1 Sonu Sahu also used to go to her mother's work place where accused, and the girl (Sonu Sahu) developed acquaintance. Prosecution case is that the accused proposed to get married Sonu Sahu (PW1), but she refused the offer on the ground that he is a married man. On this, accused Dalbeer Singh got annoyed, and on 21.11.1996 at 3.00 pm., when the girl was returning home from Mahavir Jain Kanya College, and reached near Anand Chowk Temple, accused Dalbeer Singh alongwith his friend stopped her. The friend of the accused caught hold hands of the girl and accused Dalbeer Singh administered a bottle of poison through her mouth forcibly, and thereafter both the accused/appellant and his friend ran away. The girl (Sonu Sahu) somehow walked up to her house, and told the story to her mother. PW2 Shiv Devi (mother of the girl) took her daughter immediately to Doon Hospital where PW5 Dr. G.B.Singh treated her by making her to cough the poison, and vomit the same. PW5 Dr. G.B.Singh admitted the patient (PW1 Sonu Sahu) in the hospital and prepared report (Ex-A8). On the next day (22.11.1996) at 2.00 pm, PW2 Shiv Devi gave First Information Report (Ex-A1) at Police Station Kotwali Dehradun. On the basis of said report Crime No. 917 of 1996 was registered relating to offences punishable under section 328 and 506 of I.P.C., against accused/appellant Dalbeer Singh, and his unknown associate. The crime was investigated by PW4 Sub Inspector Fakir Lal Verma. He interrogated the witnesses, and inspected the spot. Meanwhile the vomited contents of PW1 Sonu Sahu were also got sent for chemical analysis. After completion of investigation charge sheet (Ex-A5) was filed by the Investigating Officer against accused Dalbeer Singh, for his trial in respect of offences punishable under section 328 and 506 of I.P.C. Report was received from the Forensic Laboratory reporting that the contents sent for examination contained aluminium phosphide poison.;

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