Kundan Singh, J. - (1.) THIS appeal is directed against the judgment and order dated 11-9-1990 passed by the Sessions Judge, Chamoli, in Session Trial No. 19 of 1989, whereby the appellant Jaipal Lal alias Jaspal Lal has been convicted under Section 302 IPC and sentenced to imprisonment for life.
(2.) IN a nutshell the prosecution case is that deceased Lakshman Singh was tenant in the upper storey of the house of one Ghananand Soti in village Bheeri within police station Ukhimath, district Chamoli. On 18-5-1989 the appellant came at the house of Lakshman Singh and laid on a cot. At that time Smt. Saroj Bist and Dhan Singh, wife and brother of Lakshman Singh respectively, were present in the home. Smt. Saroj asked he appellant to go away from the house but he did not leave the place. Thereupon Smt. Saroj asked Dhan Singh to call some persons and on his call Virpal, Narendra and Namendra Singh came there, who also persuaded the appellant to go out of the house but still he did not leave the place. Then those persons turned him out of the house of Smt. Saroj forcibly, When Lakshman Singh came to his house, Smt. Saroj Bist narrated to him entire happening, who scolded the appellant. The appellant felt offended and told that now his chief guest would be Lakshman Singh. On the fateful night, i. e. 19/20th of May, 1989, appellant came on ths roof of Lakshman Singh at about 1.30 a m. where Smt. Saroj Bist and her husband Lakshman Singh were steeping and inflicted a blow on the head of Lakshman Singh, who became unconscious. Meanwhile Dhan Singh, brother of Lakshman Singh, also arrived there. Lakshman Singh was taken to August Muni Hospital, while Dhan Singh left to village Jalai at about 6 30 a.m. to inform Ghananand Sati, the landlord, about the incident. Ghananand came to village Bheeri and made inquiry about the incident from different persons. Kamal Singh Bhaadari, Dr. Dayali Singh, Sujan Singh and others told him that when Lakshman Singh along with his wife was sleeping on the roof of his house, Dhan Singh was also there. In the night they heard noise and went to the roof of Lakshman Singh where Smt. Saroj Bist and Dhan Singh vere weeping and shouting that appellant Jaipal Lal had assaulted Lakshman Singh with a Kudal from its sharp and edge side. The blood was oozing from the wound and Lakshman Simgh was not it* a position to speak. In the meantime two constables had came there, who apprehended the appellant when he was roaming on the road. Then Ghananand Sati went to police station Ukhimath la the Goraptny of those constables and lodged an FIR there at 12.45 p.m. on 20-5-89 and handed over the accused and Kudal to the police where a recovery memo about Kudal was prepared. On the basis of the FIR a case was registered against the appellant under section 324 IPC Lakshman Singh was brought to August Muni Hospital where first aid treatment was given but the Doctor advised to shift him to Shrinagar Hospital where he was taken but no medical aid was provided there. From there he was referred to Meerut Hospital where he was medically examined at 8.30 a.m. on 21-5-1989 by Dr. D. Dyagi, who found one abraded contusion 4 cm x 3 cm on the left side of head, 5 cm above the left ear and advised X-ray. The injury was kept under observation and in the opinion of the Doctor the injury was about a day old at the time of medical examination which possibly might have been sustained by accidental fall as stated, vide Ext. Ka 11. Thereafter Lakshman Singh was taken to Ganga Ram Hospital, Rajendra Nagar, Delhi, where he was admitted at 6.25 p.m. on 21-5-1989 and on the same day he died there at 7.00) p m. The dead-body was handed over to the family members, who creamated the same at Kotta. The investigation of the case was entrusted to Sri Surajbhan, Sub- Inspector (PW 7), who recorded the statement of Jagdamba Prasad, Head Muharrir (PW 6) who had registered a case against the appellant. He prepared recovery memo of Kudal and the chick: report. He also recorded the statement of Ghananand Sati under section 161 CrPC at the police station. On 24-5-1989 he went to village Bheeri. There he recorded the statements of certain other persons, inspected the place of occurrence, prepared the site plan and recovery memos of blood stained quilt and the shawl, which the appellant was allegedly using for wrapping his body at the time of incident and had left the same on the spot. After recording statements of certain persons the case was converted into one under section 30)4 IPC. He also collected copy of the injury report, prescription slips and other certificates from different places. Thereafter the investigation was transferred to another Sub-Inspector Sri Jasvir Singh (PW 5) on 16-8-1989, who also recorded the statements of Dhan Singh, Bahadur, Dr. Sandeep Kapoor and Smt. Saroj, wife of the deceased, and also of Dr. Jai Swarup (PW 4) in August Muni Hospital and after completing the investigation then submitted charge sheet in court against the accused- appellant.
(3.) THE prosecution examined seven witnesses in all to prove its case. Out of them, Smt. Saroj Bist (PW 3) is the only eye witness. PW 2 Sujan Singh is a witness who deposes about the facts which were disclosed to him by Smt. Saroj soon after the incident, that Lakshman Singe was assaulted by the accused-appellant with a Kudal. Ghananand Sati PW 1 is the informant, who lodged the FIR on the basis of the information gathered from the residents of the locality. Dr. Jai Swarup (PW 4) is the Medical Officer, who at the relevant time was posted in August Muni Hospital and had medically examined the injury of the deceased. He has stated that the head injury of Lakshman Singh was grievous and at the time of his medical examination he was unconscious. After giving first aid treament he had referred the injured to Sadar Hospital. PW 6 Jagdamba Prasad is Head Moharrir, who was examined to prove the chick report of the first information report and the G. D. entry, while Suraj Bhan (PW 7) and Jasmin Singh (PW 5) are the Investigating Officers who conducted investigation in the case at different stages. The accused appellant has denied the prosecution version and alleged false implication, but he admitted his arrest by the constables and then being locked up at police station Ukhimath The learned trial Judge has believed the evidence and held the accused-appellant guilty. Accordingly, he has convicted and sentenced the appellant as aforesaid against which he has come up in this appeal filed from jail. Sri Lal Chand Pandey, who was appointed as Amicus Curiae, for the appellant and the learned Additional Government Advocate for the State have been heard and the evidence has been thoroughly scrutinised.;