Decided on May 31,2013

Surendra Singh @ Surri Appellant


- (1.) This appeal is directed against the judgment and order dated 15.10.2009, passed by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 137/2006. By the said judgment and order, accused appellant Surendra Singh alias Surri has been held guilty of the offence under Section 307 IPC and he has been directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/-. In default of payment of fine, two years' additional imprisonment has been imposed on the accused appellant.
(2.) Prosecution story, in brief, is that Rameshwar Prasad lodged a report Ex. Ka-1 on 10.9.2006 in Patti Pingla Phakha with the averments that his daughter Km. Deepa was studying in Class X in Janta Inter College, Devrajkhal and his grandson (Nati) was studying in Class XI in the same school. In the evening of 7.9.2006, at Gadbadi Tok Gadhera, while coming back from the school, the accused appellant hurled filthy abuses on Deepak and after threatening, he assaulted him on his head and hands with Khukhari. Accused appellant also abused Km. Deepa. Incident took place at 4.30 PM. Deepak immediately came to the house and narrated the incident. He also told that the accused appellant fled from the spot on hearing the commotion of other students of the school. After this, villagers brought Km. Deepa to her house from the place of occurrence. The complainant found his daughter unconscious and fingers of her both hands were cut. Her head was also injured. She was assaulted with some sharp-edged weapon. The complainant along with some villagers brought the injured Deepak and Km. Deepa to Government Hospital, Kotdwar for treatment. When Km. Deepa gained her consciousness, she narrated the entire incident. Thereafter on the basis of the written report of the complainant, Patwari concerned lodged the Chick FIR Ex. Ka-7 and registered the case.
(3.) Investigation resulted in submission of the chargesheet against the accused appellant. Subsequent thereto, on 10.11.2006, charges were framed by the trial court against the accused appellant for the offences punishable under Section 307, 504 and 506 IPC. At the end of the trial, learned Sessions Judge found the appellant guilt of the offence under Section 307 IPC and directed him to undergo imprisonment for life and to pay the fine, as has been stated above.;

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