Decided on July 16,2012



- (1.) This appeal, received through Superintendent of District Jail, Dehradun, is directed against judgment and order dated 29.03.2010, passed by Assistant Sessions Judge, Pithoragarh, in Sessions Trial No. 11 of 2008, whereby said court has convicted the accused/appellant Puran Singh, under section 304 part (1) of I.P.C. He has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 20,000/- Heard learned Amicus Curiae, for the appellant, and learned Deputy Advocate General, for the State, and perused the lower court record.
(2.) Prosecution story in brief is that on 03.02.2008, in village Jajurali, sacred thread ceremony (JANEU SANSKAR) of Narendra Singh Bhandari was going on in the evening. All the villagers were invited in the function and they were having their meals turn by turn. At about 9.00 P.M. Dalip Singh (deceased) was returning to his home from the house of Narendra Singh Bhandari, when he was assaulted by accused/appellant Puran Singh with GIRATA (a long J shaped stick normally used for threshing wheat). PW-2 Hayat Singh and PW-3 Arjun Singh witnessed the incident, and informed PW1 Deevan Singh (son of the deceased), who rushed to the spot and himself saw the incident. Though, Dalip Singh suffered injuries on the head, face and back, but the villagers did not take it seriously and took him to his house. By the next day morning, Dalip Singh succumbed to the injuries. PW1 Deewan Singh lodged the First Information Report (Ex.A1) at Police Station Kotwali Pithoragarh, at about noon. On the basis of said report a Crime No. 133 of 2008 was registered against the accused/appellant Puran Singh in respect of offence punishable under Section 304 of I.P.C. The Police went to the spot and took dead body of Dalip Singh in their possession and prepared inquest report (Ex. A8) on 04.02.2008 at about 2.15 p.m. The dead body was sealed and necessary papers like sketch of the dead body, Police Form No. 13 and sample seal etc. were prepared. PW-4 Dr. Tribhuwan Prasad conducted the post mortem examination on the dead body of Dalip Singh on 05.02.2008, and prepared autopsy report (Ex. A2). He recorded one lacerated wound on the left parietal region, one contused swelling on right forehead, and one contused swelling on lateral part of left arm. The Medical Officer opined that deceased had died of Coma, due to ante mortem head injury. PW8 Inspector in-charge D.R. Arya conducted investigation and interrogated the witnesses. He inspected the spot and prepared the site plans (Ex. A14 and A15). The Investigating Officer sent the sealed GIRATA (stick used for threshing wheat) to the forensic laboratory, in which, traces of human blood were found. On completion of investigation, the Investigating Officer submitted the charge sheet (Ex. A21) against the accused Puran Singh for his trial in respect of offence punishable under Section 304 of I.P.C.
(3.) The Chief Judicial Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial. On 01.05.2008, the learned Sessions Judge, Pithoragarh, after hearing the parties, framed charge of offence punishable under Section 304 of I.P.C., against the accused Puran Singh who pleaded not guilty and claimed to be tried.;

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