Decided on April 15,2013

PREM LAL Appellant


- (1.) Present appeal was received from the appellant through Jail Authorities. Since none was representing the appellant, therefore, this Court vide order dated 08.04.2013 appointed Mr. G. S. Negi, Advocate to assist the Court, as Amicus Curiae.
(2.) By way of present appeal, appellant is assailing judgment and order dated 20.11.2009 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 18 of 2008 whereby appellant was found guilty for the offence punishable under Section 307 IPC and was sentenced to undergo rigorous imprisonment for a period of 4 years and to pay fine of Rs. 5,00/- and in default of making payment of fine, to undergo additional imprisonment for the period of three months for the offence punishable under Section 307 IPC.
(3.) Brief facts of the present case, inter alia, are that PW1 lodged an FIR on 05.08.2008 with police station Badkot, District Uttarkashi to the effect that on 05.08.2008 at about 06.30 p.m., when he (Deepak) PW2 Subhash (injured), PW3 Vipin Chandra were sitting near Panchayati Chowk, appellant, armed with THAMYALA (long and heavy axe), came on the spot and assaulted on the neck of Subhash PW2 with THAMYALA with intention to kill him; while appellant was giving his second blow on the neck of PW2, PW2 in order to save himself raised his hand, as a result of which, his hand received injury from THAMYALA; PW1, PW2 and PW3 raised alarm and on hearing their alarm, people started gathering on the spot; looking at the gathering of people on the spot, appellant ran away towards his house; in fact, on the date of incident, during day time, appellant had also given beating to Baba Ved Giri Maharaj; PW2 Subhash intervened between them and tried to save Baba Ved Giri Maharaj from the assault being made by the appellant, therefore, appellant felt annoyed and gave threat to PW2 that he would face dire consequences; this was the motive of appellant to attack PW2 on the fateful day. PW2 was taken to Nayagaon Hospital wherein he was treated by Dr. S.K. Singh, who found injuries on the person of PW2 to be serious, consequently, he referred him to Dehradun for further treatment; thereafter, PW2 was taken to Dehradun and was got admitted in Mahant Indresh Hospital, Dehradun.;

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