Decided on March 18,2013

Girish Singh Khati Appellant


- (1.) Since both the appeals are arising out of the same judgment and order dated 24.05.2008 passed by Sessions Judge, Nainital thereby convicting the appellants, herein, for the offences punishable under Section 302/34 IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs. 10,000/- each, failing which to undergo additional rigorous imprisonment of one year each, therefore, both the appeals were taken up and heard together and are being disposed of by this common judgment. Brief facts of the present case are that PW1 Geeta Arya along with Chandan Kumar were taking walk at about 09.00 p.m. and when both of them reached near the house of PW3 Mahesh Chandra Joshi, both the appellants came on Yamaha motorcycle and pushed Chandan Kumar from behind and thereafter, started beating Chandan Kumar. PW1 Geeta Arya and PW3 Mahesh Chandra Joshi tried to intervene and made an attempt to get released Chandan Kumar from the clutches of appellants, however, appellants pushed PW1 and PW3, and thereafter, had tossed him on the road. Deepak Singh Bisht sat on the feet of Chandan Kumar while Girish Singh Khati took a stone from road and hit it on the head of Chandan Kumar several times; consequently, Chandan Kumar started bleeding profusely. Thereafter, both the appellant took Chandan Kumar on their motorcycle placing him in between them and fled away from the spot. When Chandan Kumar did not return home, PW2 Mohan Lal having received the information lodged an FIR (Exhibit Ka 1) with the police station Kathgodam at 12.30 a.m. Having registered the FIR, PW7 SI Mohd. Zaheer Khan started the investigation.
(2.) PW7 Investigating Officer went to the spot and had taken a piece of blood stained road as well as plain road from the site of occurrence and kept in sealed cover. He also collected blood stained stone, which was said to be used in the murder of Chandan Kumar. Dead body of Chandan Kumar was recovered from beneath the canal bridge and an inquest report was prepared on the spot. Dead body was sent for post mortem examination. The motorcycle, jacket and pants of Girish Chandra Khati were also taken into custody and recovery memos thereof were prepared. The postmortem examination was conducted by Dr. B.K. Teelara on 16.01.2006 on the dead body of Chandan Kumar, who found following ante mortem injuries on the person of Chandan Kumar, one lacerated wound 4 cm. X 2 cm. bone deep on the right side skull, parietal bone broken into pieces and entered into the brain, three other lacerated wounds on the forehead and one contusion on the nose, besides abrasions.
(3.) Clothes of Girish Singh Khati, rear wheel of motorcycle along with the stone were sent for chemical examination. As per report of Forensic Science Laboratory, jacket, pants, rear wheel of motorcycle of accused Girish Singh Khati, stone used in the crime, all were found having human bloodstains thereon.;

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