GYAN CHAND @ GYANU S/O LATE PARMA; DINESH @ DINU S/O GYAN CHAND Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-11-98
HIGH COURT OF UTTARAKHAND
Decided on November 30,2012

Gyan Chand @ Gyanu S/O Late Parma; Dinesh @ Dinu S/O Gyan Chand Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (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 304 IPC. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.