Decided on October 07,2013



Servesh Kumar Gupta, J. - (1.) THE convicts -appellants are in appeal before us challenging the judgment and order dated 31.10.2009 rendered by learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 42 of 2007, "State v. Gautam Singh & others" (crime No. 3 of 2007, Revenue Police Circle Kamand, Tehsil Tehri, District Tehri Garhwal). The said trial resulted into conviction of all the appellants/accused for the offences under section 147 and 302 r/w Section 149 IPC, wherefore they have appropriately been sentenced.
(2.) IN the instant case, deceased Digpal Chand was a youth of 25 years who succumbed to his injuries allegedly caused by the accused persons on 21.3.2007 at about 6:20 PM by pelting pieces of bricks. At the relevant point of time, informant Shankar Chand (PW6) was proceeding for his home. Noticing the big assembly of persons at Chamba -Dharasu motor -road, he came at the spot where he found a boy in the injured state who was writhing in pains. The members of that crowd disclosed informant that the injured was severely beaten by 10 -15 students hailing from village Bandrakoti, who were appearing in their examination at village Kamand. Subsequently thereafter, the complainant, with the help of PW1 Rajveer Chand and others, took the victim at Primary Health Center, Chham, where he was declared brought dead. With the same averments, Shankar Chand Ramola lodged the FIR (Ex.Ka -12) on the same day at 11:10 PM at the concerned Patwari outpost. Chick report thereof is Ex. Ka -3. The criminal justice machinery then set into motion. On the next day (22.3.2007) at 8:30 AM, the inquest report (Ex.Ka -5) could be prepared. As per the opinion of members of that report, death of deceased took place on account of severe injuries which he sustained on the back of his head, nonetheless, they all advised for the post -mortem in order to detect the real cause of death. Thereafter, autopsy (Ex.Ka -1) was conducted in the District Hospital, Baurari, Tehri Garhwal by PW4 Dr. Manoj Badoni at 4:30 PM of the same day, who found the following ante -mortem injuries on the person of deceased: - - A. Lacerated wound in center of upper part of occipital region - 3.0 cm x 2.0 cm x bone deep. On dissection -bone found fractured under the wound. On opening the skull, meninges are congested, brain is congested, haematoma present over both cerebral hemisphere. B. Contusion over ante -lateral aspect of left side of chest - 10.0 cm x 8.0 cm - on dissection - 6, 7, 8, 9 and 10th ribs found fractured. C. Swelling present at left side of face and lips. On dissection - left ramus of mandible found fractured. D. Right black eye was found closed, reddish in colour. In the opinion of the medical officer, cause of death was Coma due to antemortem injury No. 1, caused by blow of hard and blunt object.
(3.) DURING the course of investigation, the Investigating Officer recovered the bloodstained and simple soil from the spot. Memo of that recovery is Ex. Ka -13. Ex. Ka -14 is the memo of recovery of five pieces of bricks, which were used in the crime, but those had been washed out by rains. The plain and bloodstained soil, besides the clothes of deceased, was sent by the police for the purpose of chemical examination. Report given by the Scientific Laboratory, Dehradun is Ex. Ka.11. The investigation culminated into submission of a chargesheet (Ex.Ka -17) against the appellants for the offences u/s. 147/302/34 IPC. A separate chargesheet was filed against co -accused Praveen, Anil and Manoj being Juveniles on the date of occurrence and they were, accordingly, sent for being tried by the concerned Juvenile Justice Board.;

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