JANAK BAHADUR NEPALI S/O DAN BAHADUR AND ORS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-172
HIGH COURT OF UTTARAKHAND
Decided on March 18,2013

Janak Bahadur Nepali S/O Dan Bahadur And Ors Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, moved on behalf of the appellants through Superintendent District Jail Dehradun, is directed against the judgment and order dated 10.02.2010, passed by Learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 24 of 2008, whereby said court has convicted the accused/appellants Seeta Ram Nepali and Janak Bahadur Nepali under section 304 read with section 34 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/-. In default of payment of fine the defaulter convict is directed to undergo further rigorous imprisonment for a period of three months.
(2.) Heard learned Amicus Curiae for the appellants, and learned A.G.A., for the State, and also perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Kesar Singh lodged First Information Report at Police Station New Tehri on 31.08.2008, stating that his brother Bishan Singh (deceased) was called by accused/appellants Seeta Ram Nepali and Janak Bahadur Nepali, residents of Kandiyalgaon by making a phone call to him. It is further alleged that the two took the deceased to their place where they took liquor and committed MAARPEET with him (deceased). When Bishan Singh (deceased) got unconscious, in order to save themselves the above named of accused took injured Bishan Singh to a doctor from where he (Bishan Singh) was referred to Base Hospital, Srinagar, Pauri Garhwal. However, the injured succumbed to the injuries. On the basis of said report (Ex-A1) Crime No. 1909 of 2008, was registered at Police Station New Tehri, Tehri Garhwal, against the two accused/appellants namely Seeta Ram Nepali and Janak Bahadur Nepali in respect of offence punishable under section 304 of I.P.C. Investigation of the case was taken up by Incharge Inspector Arjun Singh Rawat (PW7), who inspected the spot and interrogated the witnesses. Dead body of the deceased was sealed and inquest report (Ex-A12) was prepared by the police. PW6 Dr. Ashwani Kumar Chaubey conducted post mortem examination on 01.09.2008, on the dead body of Bishan Singh, and opined that the deceased had died due to asphyxia (throttling). He further observed that neck of the deceased was found swollen, impression mark was present on the neck. Multiple bruises found on left side of chest which were also observed in the post mortem report (ExA3). After completion of investigation, the Investigating Officer submitted charge sheet (ExA8) against the two accused/appellants Seeta Ram Nepali and Janak Bahadur Nepali, for their trial in respect of offence punishable under section 304 of I.P.C.;


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