Decided on November 29,2013



Servesh Kumar Gupta, J. - (1.) Convict Mahesh Singh is in appeal before us. Vide impugned judgment and order dated 16.6.2011/17.6.2011, learned Sessions Judge, Almora has held him guilty of the offence under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-. Judgment and order, impugned in this appeal, was passed in Sessions Trial No. 16/2010, State v. Mahesh Singh , pertaining to Crime No. 2/2010, PS Dwarahat (Revenue Circle Danar, Chaukhutia), District Almora.
(2.) Information of the crime was telephonically communicated in the police station at 9.40 AM on 28.4.2010, i.e. on the date of incident itself, by Narayan Singh, the younger brother of the deceased Lokpal Singh. The same was recorded in the GD vide Entry No. 12 of the concerned police station. Having received this information, the Station Officer left for the spot, but still the Chick FIR was not issued by that time and it could be reduced in the lodgment of the formal FIR only when Narayan Singh gave the report in writing at 4.30 PM on the same day. The report filed by Narayan Singh to the police station is Ex. Ka-1. Chick report thereof is Ex. Ka-2. It was alleged in the said report that in the morning of 28.4.2010, Narayan Singh left his house to purchase some articles from the nearby shop. In his way to the shop, he sat for a while in the house of his elder brother Lokpal Singh (deceased). At that very time, his elder brother Lokpal Singh was taking his she-buffaloes towards the jungle. After moving about 15 paces from his house, when Lokpal Singh saw the fire under the chestnut tree in his field, he asked Mahesh Singh (accused appellant) not to set the fire in such a manner. Mahesh Singh was ploughing his agricultural field in the close vicinity. He took the words of Lokpal Singh otherwise and began to hurl abuses. Hearing the abuses, the informant Narayan Singh proceeded towards his brother in order to pacify the quarrel. Meanwhile, Mahesh Singh came up on the road from his field hurling abuses in the same manner. He was armed with an axe in his hand. All of a sudden, he gave blow of that axe on the head of his brother Lokpal Singh, who died immediately at the spot.
(3.) Inquest proceedings commenced at 12.00 hours on the date of incident itself (28.4.2010) and ended at 14.00 hours. In the inquest report Ex. Ka-8, the witnesses have opined that the deceased died on account of excessive bleeding from the wound present on his head. Nonetheless, body was sent for the post-mortem. The autopsy was conducted by PW3 Dr. Ramakant Sagar on 28.4.2010 at 4.20 PM in Ranikhet Civil Hospital. Post-mortem report is Ex. Ka-6. The deceased, who was 55 years' old, suffered the following ante mortem injury: Incised wound over head about 12 cm inside from right year and 12 cm anterior from posterior hairline. Size of would is 12 cm long, 2 cm wide and bone deep underlying bone occipital, left parital and right parital are fracturered. Blood and blood clots present over it. Margins of wound are clear-cut. As per the doctor, the deceased died 6 to 8 hours prior to conducting the autopsy and cause of the death was coma and haemorrhagic shock due to anti mortem injury.;

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