Decided on July 12,2013

RAGHUVIR Appellant


- (1.) Pw1 Sant Ram lodged an FIR against the accused Raghuvir on 22.07.1995, at 06:40 P.M., at police station, Laksar, District Haridwar, which was registered as case crime no. 111 of 1995, under Section 307 of IPC. The incident allegedly took place on 21.07.1995, at 09.00 P.M. The distance between the place of incident and the police station concerned was five kilometers. After the investigation, a charge-sheet against accused Raghuvir was submitted for the offence punishable under Section 307 of IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charge for the offence punishable under Section 307 of IPC was framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) Pw1 Santu alias Sant Ram, PW2 Om Prakash, PW3 Munna, PW4 Mange Ram, PW5 Dinesh Kumar, PW6 Dr. S.P. Ahuja (Sr. Pathologist), PW7 S.O. Pritam Singh, PW8 Head Constable Kailash Chand Tyagi and PW9 S.I. Rambir Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was innocent and was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Addl. Sessions Judge / FTC Ist, Haridwar, vide judgment and order dated 24.10.2001, convicted the accused for the offence punishable under Section 307 of IPC. Accused was awarded rigorous imprisonment for five years alongwith a fine of Rs. 3,000/-, in default of payment of which, he was required to undergo three months' further simple imprisonment. Aggrieved against the impugned judgment and order, present criminal appeal was preferred.
(3.) Prosecution led the evidence through PW4 Mange Ram (injured), who, in his examination-in-chief, said that on 21.07.1995, at 09:00 P.M., he had been to the house of his maternal uncle Sant Ram in village Munda Khera. His father and his son-in-law also came with him. PW4 alongwith others were taking dinner in the courtyard of PW4's maternal uncle in the light of debia (small kerosene lamp). Raghuvir threw light of the torch on them 4-5 times. Raghuvir's house was adjacent to the house of PW1. When PW4 asked Raghuvir not to do so, accused started hurling abuses at him. Thereafter, accused came in the courtyard of PW1. PW4 stood up. Accused gave a blow of axe on the head of PW4 from behind. Accused gave second blow on the left arm of PW4, who raised alarm. PW2 Om Prakash, PW3 Munna and other villagers (including PW5 Dinesh Kumar) came and saved PW4. PW4 was taken to hospital. The Medical Officer declined to provide relief saying that the condition of PW4 was critical. PW4 was then taken to Roorkee Hospital, where he was admitted. When PW4 returned from the hospital then the FIR was lodged (delay, if any, in lodging the FIR is satisfactorily explained). The blood oozed out from the wounds of PW4. His wearing apparels were stained with blood. The undershirt (Ext. 1), chunri (Ext. 2) and other clothes (Ext. 3) were presented in the court.;

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