BUDHAI RAM Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-175
HIGH COURT OF UTTARAKHAND
Decided on May 24,2013

Budhai Ram Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal is directed against the judgment and order dated 04.07.2009 rendered by learned Additional Sessions Judge, Haridwar in S.T. No.441 of 2007, State Vs. Budhai Ram, whereby the accused/appellant has been convicted u/s 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.5,000/-, in default of which, one year's additional imprisonment was awarded.
(2.) Facts of the case are that an information (Ex.Ka-1) was lodged on 6.7.2007 by PW1 Smt. Ganga with the averments that her father Budhai Ram (accused) along with her mother Smt. Vimla Devi (deceased) and brother Rakesh were residing in her neighbourhood. On the same day at about 9:30 A.M., her father, while having a quarrel, was beating her mother. When her mother, in order to save herself, ran towards outside, then her father gave blows of axe on her neck and shoulder, due to which she fell down and succumbed to her injuries on the spot itself. On this information, police came into motion and arrested the accused/appellant on the same day. The police also recovered the axe used in the commission of crime and a recovery memo (Ex.Ka-14) was prepared. The matter was thereafter investigated, and on completion of necessary investigation, a chargesheet (Ex.Ka-17) was submitted against the accused u/s 302 IPC. The charge was levelled against the accused and he was put to trial.
(3.) In order to prove its case, the prosecution has examined PW1 Smt. Ganga (complainant/eyewitness), PW2 Smt. Beena Devi (eyewitness), PW3 Gautam Mishra (eyewitness), PW4 Dr. V.K. Singh (who conducted autopsy), PW5 Constable Vinod Kumar (who prepared Chik FIR and made entry in G.D.), PW6 Lakhan Lal Chauhan (scribe of FIR), PW7 SSI Pradeep Pant and PW8 Inspector Gopal Singh (I.O. of the case). Thereafter the statement of the accused was recorded u/s 313 Cr.P.C. After analyzing the entire evidence, the trial court recorded the judgment of conviction, as aforestated.;


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