Decided on April 10,2013



- (1.) Present Criminal Appeal arises out of a judgment and order dated 20.4.2001 passed by the learned Sessions Judge, District Pithoragarh in Sessions Trial No. 25 of 1999 convicting the present appellant under Section 304(I) IPC and thereby sentencing him for 10 years of rigorous imprisonment under Section 304(1) IPC.
(2.) The brief fact of the case, as per the story of the prosecution, in its First Information Report (hereinafter referred to as FIR) is that an FIR was lodged on 21.9.1998 at 2.00 PM at Police Station Munsyari, Pithoragarh by complainant Haruli Devi wife of Durga Singh (deceased) stating that on 15.9.1998 in village Dekunaa when the house of Amar Singh was being constructed and the linter was to be done then present accused/appellant, who is the resident of the same village, has some altercation with an old man aged about 80 years and the matter went to the village Pradhan, namely, Durga Singh (deceased). Durga Singh (deceased) reprimanded the accused and said that he should not behave in such a manner with an old man. Thereafter the matter came to an end. Later, as the story goes on 18.9.1998, about three days later, when Durga Singh (deceased) had gone a nearby place on "Bazaar", which is at about more than 15 kilometers, to withdraw money from the Bank he met the accused, where a scuffle took place between these two persons and the accused threw the deceased from the mountain which resulted in the death of Durga Singh (deceased). This in short is the case of the prosecution. However, it is also true that on 18.9.1998 when Durga Singh (deceased) and the accused did not return to the village a search was made by the villagers, particularly by the brother of the deceased and during the night they discovered that both the deceased and the accused were lying below in the mountain near the river Ram Ganga, and the deceased Durga Singh had died though the accused was still alive. Both were taken to the nearby hospital. Thereafter Nem Singh (i.e. brother of the deceased) reported the said incident at Police Station Munsiyari stating that his brother has been found dead and there is another person with the deceased who as of now is alive and has been referred to the hospital at Munsyari. However, later an FIR was lodged by the wife of the deceased on 21.9.1998 at about 2.00 PM saying that on 18.9.1998 when Durga Singh (deceased) was returning from a market, the accused indulged in a "Maarpeet" with the deceased and consequently he threw Durga Singh (deceased) into the valley, as a result of which he died. The police after investigation filed a chargesheet against the accused and the matter was committed to Sessions for trial and the charges were framed against the accused under Section 302 IPC.
(3.) Prosecution in order to establish its case examined as many as eight witnesses.;

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