Decided on May 27,2013

Baba Sudhnath Appellant


- (1.) By way of this appeal, appellant Baba Sudhnath alias Murli Manohar has assailed the judgment and order dated 11.9.2009, passed by the Sessions Judge, Pauri Garhwal, in Sessions Trial No. 21/2005, whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-. Appellant was also charged and tried for the offences under Section 506 and 504 IPC, however, learned Trial Judge has not given any finding with regard to these charges.
(2.) Prosecution story, in brief, is that an FIR was lodged by Deepak Kumar Pokhariyal, a Guard in a Guest House, being run by the Garhwal Mandal Vikas Nigam, at Kanwashram, Kotdwar on 22.2.2005 with the averments that Baba Sudhnath, Madan Mohan, Satya Prakash and Pankaj Dhyani booked the room no. 5 in the said Guest House on 21.2.2005. They started consuming liquor in the said room from the evening of that day. They also brought mutton and eggs in the room. By about 10 O'clock in the night they were excessively drunken and started abusing each other. At about 11 O'clock, Madan Mohan went to his sister's house leaving behind other three persons in the room. At about 2 O'clock in the night, the complainant heard loud noise coming from inside the room. He went there and saw that Baba Sudhnath and Pankaj Dhyani were abusing each other. Satya Prakash was trying to stop them from doing this, but in vain. So, Satya Prakash went from there stating that he was going to dial the police. Meanwhile, exchange of abuses continued between them. At about 3.10 AM, when Satya Prakash returned after making the telephone call, then Pankaj Dhyani gave a tight slap to Baba Sudhnath, whereupon Baba Sudhnath assaulted Pankaj Dhyani with the 'Chimta' (a long metallic forceps having broad blades, made of iron, which is generally kept by the Hindu Sages for chanting Mantras and for Bhajan-Kirtan) with intention to kill him. When the complainant and Satya Prakash tried to rescue, then Baba Sudhnath also abused them and threatened them to stay away otherwise they would also be killed. So, complainant Deepak Phokariyal and Satya Prakash remained stood under the tree situated in front of the room no. 5. Baba Sudhnath continuously gave the repeated blows of 'Chimta' on the head and body of Pankaj Dhyani, who had fallen down near the door of the room, until he died. Blood and bones of head of Pankaj Dhyani scattered all over in the room and verandah. Satya Prakash went running at telephone booth to inform the police. Thereafter police came at the spot, where the complainant wrote the First Information Report (Ex. Ka-1) and gave it to the police.
(3.) Criminal justice machinery came into motion. Investigation resulted in the submission of chargesheet against the accused appellant for the offences stated above. Charges were, accordingly, framed by the learned Sessions Judge on 6.6.2005. At the end of the trial, learned Sessions Judge found the appellant guilt of the offence under Section 302 IPC and sentenced him appropriately. However, he gave no finding with regard to the offences under Section 504 and 506 IPC.;

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