- (1.) THIS criminal appeal has been preferred by the appellant against the judgment and order dated 8-1- 2001, passed by Sessions Judge, New Tehri in Session Trial No. 4 of 1997, convicting the accused/appellant Jayanand under Section 302, I. P. C. and sentencing him to undergo imprisonment for life.
(2.) BRIEF facts of the prosecution case are that on 24-10-1996 at about 9. 30 p. m. when Nagendra Dutt and his wife Smt. Sushila Devi were sleeping in their house, they came out for urinating and while they were urinating, accused/appellant (hereinafter called the 'appellant') came there and stabbed Nagendra Dutt on his neck by a knife. Upon this Nagendra Dutt and his wife cried. On hearing their cries, Brijendra Dutt, the brother of Nagendra Dutt came out at the chowk of the house and saw Nagendra Dutt bleeding from his injuries and having caught hold of accused Jayanand. Nagendra Dutt told him in the presence of witness Bishambhar Dutt that accused Jayanand had stabbed him with his knife. In the meantime village people assembled on the spot on hearing the cries and the appellant taking advantage of it, succeeded in running away from the spot. In the same night, Nagendra Dutt in the injured condition was taken to the hospital at Vikasnagar for treatment. On the next day, i. e. 25-10-1996 at about 4 p. m. Brijendra Dutt lodged the written report, Ext. Ka-3 with the Patwari Birod. On the basis of the written report, the Patwari prepared chick F. I. R. , Ext. Ka-6 and registered the case against the appellant at report. No. 86 in the General Diary, under Sections 307, 324 and 506, I. P. C. , copy of the G. D. is Ext. Ka-7. Sri Prem Singh Payal, Patwari Birod started the investigation in the case. He recorded the statement of the complainant and made search for the accused but he could not be traced. Nagendra Dutt died in the hospital on 26-10-1996 during his treatment and the information about his death was sent by reporting Outpost, Harbartpur, P. S. Vikasnagar, District Dehradun vide report Ext. Ka-15 and on the basis of this information the Investigating Officer converted the case under Section 302, I. P. C. He arrested the accused and interrogated him. On 30-10-1996 the Patwari went to the spot and prepared site-plan, Ext. Ka-8 of the place of occurrence at the pointing of complainant. He took into possession the blood- stained and plain earth and pieces of stones from the place of occurrence in the presence of the witnesses and prepared its recovery memo, Ext. Ka-2. Witness Bishambhar Dutt gave him the blood- stained knife saying that it was the same knife by which the appellant had stabbed the deceased and left on the spot by him. Bishambhar Dutt also gave him the blood-stained clothes of the deceased which were removed from his body while changing his dress for going to the hospital. The Patwari prepared memo Ext. Ka-1 for taking into possession the blood-stained knife and blood-stained clothes of the deceased. S. I. Adal Singh, of Police Chauki Harbartpur performed inquest on the dead-body of the deceased and prepared inquest report, Ext. Ka-5. He prepared challan dead-body, Ext. Ka-10, Sketch dead-body, Ext. Ka-11, letter to C. M. O. , Ext. Ka-12, letter to R. I. Police Line, Dehradun, Ext. Ka-13, specimen of seal, Ext. Ka-14 and sent the dead-body for post-mortem. The autopsy on the dead-body was conducted by Dr. V. S. Panwar at Coronation Hospital, Dehradun on 27-10-1996 at 3 p. m. and prepared post-mortem report, Ext. Ka-4. The Investigating Officer sent the blood-stained clothes and blood-stained and plain earth for chemical examination. The Chemical Examiner vide his report, Ext. Ka-16 found human blood on these articles. The Investigating Officer on completion of investigation, submitted charge sheet, Ext. Ka-9 against the appellant.
(3.) AFTER committal of appellant Jayanand to the Court of Session, the Sessions Judge framed charge under Section 302, I. P. C. to which he pleaded not guilty and claimed his trial. In order to prove its case, the prosecution examined nine witnesses, P. W. 1, Bishambhar Dutt, is the eye-witness of the incident. He has stated that in the night when he was going to sleep and came out for urinating, deceased Nagendra Dutt also came out of his house for urinating. Accused Jayanand came there and stabbed the deceased Nagendra on his neck by knife and on the cries of Nagendra he went near him and intervened. He saw bleeding from the injury of the deceased. He further deposed that in the mean time, the accused Jayanand ran away towards his house and thereafter he and Smt. Sushila raised alarm and on hearing the alarm village people came there. Brijendra changed the clothes of the deceased and his blood-stained clothes were taken into possession by this witness. The deceased was taken to Vikasnagar Hospital and was admitted there for treatment who subsequently died during his treatment in the hospital.;