BABU TOUP Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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SERVESH KUMAR GUPTA, J. -
(1.) THE challenge herein is to the judgment and order
dated 17.04.2009 rendered by learned Additional Sessions
Judge/First F.T.C., Roorkee in S.T. Nos.81 of 2008 and 82 of
2008, both titled as 'State Vs. Babu Toup'. S.T. No.81/2008 was tried for the offences punishable under Sections 354, 302
IPC whereas S.T. No.82/2008 was tried for the offence
punishable u/s 25 of the Arms Act. In all the offences,
learned Additional Sessions Judge has found the accused
guilty and has passed the sentence appropriately.
(2.) THE case was initiated on the basis of the first information report (Ex.Ka 1), which was lodged by Shyam Lal,
the real brother of accused. The genesis of prosecution was
that the appellant was the real father in law of Mrs. Santri,
W/o Pritam Singh (deceased). The appellant/accused had an
evil eye upon Mrs. Santari and to molest her, after consuming
liquor, was the order of the day. This was the subject matter
of usual quarrel between Pritam Singh and accused Babu
Toup. Once resistance was extended by Pritam Singh when
Mrs. Santari was molested at about 1 PM on the date of
incident i.e. 5.11.2007, which infuriated the accused.
Accused took out his gun and opened the fire upon his son
Preetam making him shot dead. When Mrs. Santari escaped
from the house in order to save herself, accused chased her
too for some distance. The incident was seen by villagers
Harpal, Harphool, Ram Kumar, Rajesh, Yashpal and several
others. The police station was informed and later the report,
having been scribed by Mool Chand, was lodged by Shyam Lal
on 5.11.2007 itself at 2:30 PM, i.e. within 1 1/2 hours of the
incident, on the basis whereof Chik report (Ex.Ka 2) was
prepared. Inquest (Ex.Ka 11) commenced on the same day on
5.11.2007, which could be concluded up till 4:50 PM. The opinion expressed by the witnesses of the inquest, as also by
the Sub Inspector of the Police, was that the deceased had
died on account of gunshot injuries. Autopsy on the dead
body was conducted on 06.11.2007 at 1:00 PM., report
whereof is Ex.Ka 2. Cause of death was found to be
haemorrhage and shock due to ante mortem injuries, whereas
the duration of death was opined to be one day old. The
following ante mortem injuries were noticed on the dead body
"1. Six gunshot wounds of entry in an area of 6 x 4 cm, left side, lower chest and upper abdomen, 14 cm below nipple at 5 o'clock position, each wound measuring 1.0 x 1.0 cm, circular and surrounded by the rim of collar of abrasion. All the six tracks were passing through the abdominal wall. Fire tracks pierced through spleen and were embedded in vertebrae L1, L2 and L3 as shown in x ray (x ray done before starting post mortem examination). Sixth track was passing through abdominal wall rupturing anterior wall of stomach and embedded in right lobe of liver."
The accused was arrested on the date of incident itself, and from his possession, a 12 Bore gun and two live
cartridges were recovered, recovery memo whereof is Ex.Ka 5.
From the place of occurrence, the police also recovered an
empty cartridge wherefor the recovery memo Ex.Ka 8 was
prepared. Plain and bloodstained soil too was taken into
possession from the spot, recovery memo whereof is Ex.Ka 7.
(3.) DURING the course of investigation, the gun along with two live cartridges and one empty cartridge was sent for
the purpose of expert opinion. Report given by Forensic
Science Laboratory, Uttarakhand is available on record. The
investigation, accordingly, culminated into submission of the
charge sheets Ex.Ka 10 (U/s 354, 302 IPC) and Ex.Ka 16 (U/s
25 Arms Act) against the appellant/accused.;
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