- (1.) J. C. S. Rawat, J. This Criminal Appeal has been directed against the judgment and order dated 09-12-1993 passed by Shri M. A. Khan, the then Sessions Judge, Pithoragarh in S. T. No. 36/1992, State Vs. Naveen Chandra and another con victing the appellants u/s 302 r/w 34 I. P. C. and sentencing them to undergo R. I. for life.
(2.) THE facts, in a nutshell, are that on 06-05-1991 the complainant- Yashpal Verma (PW2) lodged an EI. R. Ex. ka. 2 at the police station Didihat alleging therein that on 05-05-1991 at about 9. 30 p. m. his father Lallu Lal Verma (deceased) was trying to extinguish the fire of the forest at Kasba Bhagichaura because it was heading to the house of Lallu Lal Verma. It was further alleged that the appellant-Naveen Chandra reached there and started hurling abuses on his father. THEre after, Bipin Chandra (real brother of Naveen Chandra) also reached there and both the appellants assaulted the deceased with knife and screwdriver (Pechkas), due to which the deceased fell on the ground and became unconscious. It was further alleged that there was sufficient light com ing from the electric bulbs fitted on the road. THE incident was also witnessed by Bansidhar- PW3, Ghanshyam, Yashpal Verma- PW2, Dwarika Lal- PW5 and oth ers. THE accused persons fled away from the scene of occurrence. Threreafter, the injured- Lallu Lal Verma was taken to Didihat Hospital where the doctor declared him as dead. THEreafter, the complainant-Yashpal Verma- PW2 lodged a written report at the police station Didihat from where it was transferred to police station Askote because the occurrence took place in the jurisdiction of police station Askote. A case was registered at police station Askote. THE police prepared the panchayatnama (Ex. ka. 14) of the dead body of the deceased and also prepared photo lash (Ex. Ka. 15), challan lash (Ex. ka. 17 ). THE dead body of the deceased was sent to the District Hospital, Pithoragarh for post mortem. THE investigation was con ducted by Vinod Kumar Pant, S. O. Ashkote. Vinod Kumar Pant- PW-7 also prepared the site plan (Ex. ka. 5 ). He also took the sample of blood stained earth from the place of occur rence and prepared the memo thereof (Ex. Ka. 6 ). A blood stained 'baniyan' (undershirt) of the deceased was also taken into possession by the I. O. THEreafter, the Investigating Officer arrested the appellants and discovered a 'sooja' on pointing of the appellant-Bipin Chandra. After completing the investigation, the I. O. had submitted the chargesheet (Ex. Ka. 10) against the appel lants. The accused/appellants were charged u/s 302 I. PC. r/w 34 I. PC. The accused/ appellants denied the charges and claimed trial. The prosecution in support of its case examined Dr. R. C. Joshi, PW1 who was the medical officer. He conducted the post mortem of the deceased on 06-05-1991 at 1:30 p. m. and found the fol lowing ante- mortem injuries on the per son of the deceased :- Front of body 1. Abraded contusion right arm near elbow inner side (middle side) size 2 cm. x 0. 2 cm. (above elbow ). 2. Abraded contusion left knee size 1. 5 cm. x 0. 2 cm above left knee. Back of body One punctured wound left infra scapular region 10 cms. below left scapula and 9 cm. from spine (away ). On probing the probe goes deep into thoraces cavity (communicates) and blood oozing from the wound. Wound size 0. 8 cm. x 0. 3 cm. x thorax cavity deep. The medical officer opined that the time of death of the deceased was more than twelve hours old. The death of the deceased was caused due to syncope as a result of massive hemorrhage from the punctured wound. The Medical Officer PW1 has proved the post mortem report Ex. Ka. 1.
(3.) THE prosecution had also ad duced the evidence of the complainant-Yashpal Verma- PW2 who is the son of the deceased. He is an eyewitness of the incident. He had supported the case of the prosecution. He had further stated in his evidence that in the year 1981 a dacoity was committed at his house in which his sister and father of the appel lants were murdered by the dacoits. After that incident, the accused persons had an impression that their father had been murdered during the course of. dacoity at the instance of Lallu Lal Verma-deceased. THE prosecution had also adduced the evidence of other eye- - witness namely, Banshidhar Pant PW3, Dwarika Lal PW5 and Manohar Lal PW7. Head Constable- Fool Chand (PW4) was a formal witness who proved the chick FIR and G. D. by which the case was registered at the police station. Vinod Kumar Pant- PW6 was the Inves tigating Officer of this case. He submit ted the chargesheet against the appel lants after completing the investigation. The accused/appellants were ex amined u/s 313 Cr. P. C. and they had pleaded not guilty of the offence. They had stated that they had been falsely implicated in this case due to enmity. The defence had not adduced any evi dence in its support.;