Decided on March 13,2013



Alok Singh, J. - (1.) IN the present appeal, judgment and order dated 28.06.2007 passed by Sessions Judge, Nainital in Sessions Trial No. 188 of 2006 whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 302 IPC and accordingly, was pleased to convict and sentence him to undergo life imprisonment and to pay fine of Rs. 10,000/ - failing which to undergo additional imprisonment of three months for the offence punishable under Section 302 IPC is being assailed by the appellant. Brief facts of the present case, inter alia, are that PW1 lodged an FIR with police station Kotwali, Haldwani on 22.09.2006 to the effect that in his dairy farm about 30 -35 rickshaw pullers were residing in different portions. In one of the rooms therein, appellant, watchman of the farm and one rickshaw puller namely Ramu, son of Durga Prasad were residing as tenants. Harbhajan Singh and Ramu were also running a teashop in partnership. There was quarrel between appellant and Ramu on account of some money transactions. Having come to know about the quarrel between appellant and Ramu, in the morning of 22.09.2006, PW1 Kapil Kumar went to the farmhouse and told both them to live peacefully and not to quarrel again and thereafter came back. On the same day, at about 07.30 p.m. PW2 Babu Ram, PW3 Dilip came to his house and informed him that about 06.00 p.m. both of them noticed hue and cry in the room of appellant and Ramu, consequently, both of them went to their room and saw appellant assaulting Ramu with axe. When they tried to save Ramu, appellant by showing axe threatened them and ran away from the spot. Having received the information, PW1 straight away rushed to the farmhouse and found Ramu bleeding profusely and dead.
(2.) HAVING received the report, police came to the spot and started investigation. Having investigated the matter, police have filed a charge -sheet against the accused appellant for the offence punishable under Section 302 IPC. After committal of the case, learned trial Judge has framed charge against the appellant under Section 302 IPC. From the side of prosecution, PW1 Kapil Kumar, informant, PW2 Babu Ram, PW3 Dilip both eyewitnesses, PW4 Dr. C.P. Bhasora, PW5 Vinay Kumar and PW6 R.C. Makholiya, were examined. Having perused the material available on record, learned Sessions Judge was pleased to pass the judgment impugned. Feeling aggrieved, appellant has preferred this appeal from jail.
(3.) WE have heard Mr. M.C. Pant, Amicus Curiae for the appellant and Mr. A.S. Gill, Sr. Government Advocate assisted by Mr. Vipul Painuly and carefully perused the record.;

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