Decided on June 10,2013

ASHOK KUMAR Respondents


Prafulla C. Pant, J. - (1.) THIS appeal, preferred under section 378 of the Code of Criminal Procedure, 1973 (for short CrPC), is directed against the judgment and order dated 23.8.2001, passed by the 1st F.T.C./Additional Sessions Judge, Dehradun in Sessions Trial No. 64/95, whereby said Court has acquitted the accused/respondent Ashok Kumar from the charge of offence punishable under Section 302 IPC. Heard learned Counsel for the parties and perused the lower court record.
(2.) PROSECUTION story, in brief, is that on 25.10.1993, PW1 Rameshwar Sharma along with his brother Ramanand Sharma (deceased) and Rajendra Prasad (PW3) were in their house when the accused/respondent Ashok Kumar, S/o Veer Singh, came to their house. All the four sat and had drinks together. After they got drunk, accused Ashok Kumar and Ramanand Sharma (deceased) started quarrelling with each other. It is alleged by the prosecution that after accused/respondent Ashok Kumar got hurt, he gave a blow with a DANDA on the head of Ramanand Sharma (deceased), who fell unconscious. On the next day i.e. on 26.10.1993, Ramanand Sharma was taken to Shanti Prapanna Sharma Hospital, Rishikesh from where he was referred to Medical College, Meerut, where he succumbed to the injuries. First Information Report was lodged after about three days i.e. on 28.10.1993 by PW3 Rajendra Prasad. On the basis of the FIR (Ex. A -2), Crime No. 115/93 was registered at Reporting Outpost, IDPL of Police Station Rishikesh of District Dehradun, against the accused/respondent Ashok Kumar in respect of the offence punishable under Section 304 IPC. The crime was investigated by Sub Inspector Rajveer Singh (PW9), who after getting the autopsy done on the dead body of the deceased, and interrogating the witnesses, and after inspecting the spot, submitted chargesheet (Ex. A -6) against accused/respondent Ashok Kumar for his trial in respect of the offence punishable under Section 302 IPC. The Magistrate, on receipt of the chargesheet and after giving the necessary copies to the accused, as required under Section 207 CrPC, appears to have committed the case to the Court of Sessions for trial. Learned trial court, after hearing the parties on 7.6.1995, framed charge of offence punishable under Section 302 IPC against the accused/respondent Ashok Kumar, who denied the charge and claimed trial. On this, prosecution got examined PW1 Rameshwar Sharma (eyewitness), PW2 Dr. Umesh Prasad Gupta (who conducted the post -mortem examination), PW3 Rajendra Prasad (informant), PW4 Gurdayal Singh (declared hostile), PW5 Devendra Singh (declared hostile), PW6 Rajendra Prasad Dobhal (declared hostile), PW7 Head Constable Hukum Singh, PW8 Gita Ram Sharma and PW9 Sub Inspector Rajveer Singh (Investigation Officer).
(3.) ORAL and documentary evidence was put to the accused under Section 313 CrPC, in reply to which he alleged that the evidence adduced against him was false. In defence, DW1 Dr. MS Rawat was got examined.;

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