Decided on July 09,2013

GANGA RAM Appellant


- (1.) By way of this appeal, appellants Ganga Ram and Chait Ram have challenged the judgment and order dated 30.7.2010, passed by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 1/2008 pertaining to Crime No. 58/2007, PS Kalagarh. By the said impugned judgment and order, accused appellants have been held guilty of the offence punishable under Section 302 read with Section 34 IPC, and they have been appropriately sentenced to.
(2.) Prosecution story, as emerges out from the papers on record, is that an FIR Ex. Ka-1 was lodged by Dharm Singh, real brother of the deceased. The complainant alleged in the FIR that on 4.9.2007, when he and his brother Uday Raj (deceased) were selling guavas on their handcart in New Colony, Kalagarh, at that very time, Ganga Ram, related to them as cousin brother and belonging to the same village, and Chait Ram, resident of another village, both came in Kalagarh Market, and Ganga Ram killed his brother Uday Raj with the knife at 1.30 O'clock in the noon. Thereafter both of them fled away. This FIR was lodged at 2.20 PM on the date of incident itself. Police station was situated at a distance of half a kilometre from the place of occurrence. On the basis of this report, chick report Ex. Ka-18 was prepared. Police swung into action. Inquest report Ex. Ka-11 was prepared on the same day at 5.10 PM in Ram Ganga Bandh Hospital, Kalagarh. The Panches opined that due to excessive bleeding, the deceased succumbed to his injury inflicted in his thigh by the knife.
(3.) Autopsy on the person of the deceased was conducted on 5.9.2007 at 3 PM by Dr. JC Dhyani (PW4). Following ante mortem injuries were found during the course of post-mortem examination: (1) An elliptical shaped incised wound of the size 8 cm length x 4 cm width at 3 cm depth over middle part of front of left thigh, about 15 cm above left knee, the wound is reddish in colour, clotted blood present underling soft tissues, muscles and great vascular blood are injured. (2) Another incised wound, elliptical shaped, of size 5 cm length x 1 cm width over back of the left elbow, the wound is superficial deep only.;

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