GYAN CHAND @ GYANU S/O LATE PARMA; DINESH @ DINU S/O GYAN CHAND Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Gyan Chand @ Gyanu S/O Late Parma; Dinesh @ Dinu S/O Gyan Chand
STATE OF UTTARANCHAL
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(1.) This appeal, preferred under section 374 of Code
of Criminal Procedure, 1973 (for short Cr.P.C.), got
sent by the convicts (appellants) Gyan Chand @
Gyanu and Dinesh @ Dinu from District Jail
Dehradun, against the judgment and order dated
24.05.2004, passed by learned Sessions Judge,
Dehradun, in Sessions Trial No. 30 of 2003, whereby
said court has convicted each of the
accused/appellants under section 304 IPC read with
section 34 IPC, and sentenced each one of them to
rigorous imprisonment for a period of five years and
directed to pay fine of Rs. 2,000/-.
(2.) Heard learned counsel for the parties and
perused the lower court record.
(3.) Prosecution story in brief is that Raju @ Rakesh
(deceased) used to live in the house of the
complainant Smt. Thummo (P.W.1) in Village Vyas
Nahari, within the limits of Police Station Kalsi,
District Dehradun. On 26.01.2003, accused/appellants
Gyan Chand @ Gyanu and Dinesh @ Dinu residents of
village Lorli came to the house of the complainant,
and voluntarily caused hurt to Raju @ Rakesh. It is
alleged that he was severally beaten by the two
accused. Raju @ Rakesh after sometime came to Smt.
Thummo (P.W.1) who took him to nearest hospital on
27.01.2003 in Kalsi. There Raju @ Rakesh was given
some medicines and he was taken to his native village
Bhimawala in Vikas Nagar. Raju @ Rakesh died on
28.01.2003. A first information report (Ex. A1) was got
lodged by P.W.1 Thummo against accused Gyan
Chand @ Gyanu and Dinesh @ Dinu relating to
offence punishable under section 304 IPC at Police
Station Kalsi on 29.01.2003, on the basis of which
crime no. 3 of 2003 was registered at Police Station.
The crime was investigated by Sub Inspector
Khurshid Ahmed. The dead body of the deceased was
taken into possession of the police on 29.01.2003 and
inquest report (Ex. A5) was prepared. Police further
got prepared police form no. 13 (Ex. A6), sketch of
dead body (Ex. A7), sample seal (Ex. A8) and letters
to Chief Medical Officer (Ex.A9 and Ex. A11
requesting for post mortem examination). P.W.6 Dr.
Ajay Kumar conducted post mortem examination on
the dead body of Raju @ Rakesh on 30.01.2003 who
prepared autopsy report (Ex.A14). The Medical
Officer opined that deceased had died of shock and
haemorrhage as a result of the multiple injuries with
liver ruptured. After interrogating the witnesses, and
inspecting the spot, the Investigating Officer
submitted charge sheet (Ex.A13) against accused
Gyan Chand @ Gyanu and Dinesh @ Dinu for their
trial in respect of offence punishable under section
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