- (1.) J. C. S. Rawat, J. This is a criminal appeal preferred against the judgment and order dated 17. 6. 2002 passed by the then Sessions Judge, Nainital in ST No. 145/2000, whereby the Sessions Judge has convicted the accused- appellant under sec tion 304, Part II, I. P. C. and sentenced him to undergo R. I. for seven years.
(2.) THE brief facts of the case in hand are that a report was lodged at the police station by Mahendra Kumar RW.-l, the bus conductor of the bus bearing registration No. U. P. 20b/7737 alleging therein that on 1678-2000, Sri Mohd. Ishmile P. W. 7 (the driver of the bus), was taking the bus from Haldwani to Ramnagar. After a brief stop at Kaladhungi, the bus proceeded towards Ramnagar. When the bus reached near Saraswati School at about 4. 45 p. m. , the appellant Sher Singh alias Sheru Singh and deceased Vinod Kumar (both were the pas sengers of the bus) started quarrelling with each other in the bus. THE accused- appel lant Sher Singh took out a knife and stabbed the deceased Vinod Kumar inside the bus. THE deceased sustained injury on his chest. THE passengers of the bus tried to catch hold of the appellant but the appellant somehow managed to escape from the spot. THE driver and the conductor of the bus took the bus back to Kaladhungi hospi tal alongwith other passengers of the bus, where the doctor advised them to take the injured immediately to Haldwani Civil Hospital as the condition of the injured was precarious. THEreafter, leaving the injured at the hospital, the but left to its destination with its passengers. One of the passengers i. e. Deepak Chauhan RW.-4 remained there at the hospital. Deepak Chauhan RW. 4 thereafter went to village Kamola to inform Jagat Ram RW. 5, the father of the. injured Vinod Kumar. After receiving the informa tion, the father of the injured immediately rushed to the hospital and then the injured was taken to Haldwani Hospital for better treatment. THE injured died at about 7. 30 p. m. on the same day of the incident in the Civil Hospital, Haldwani and a report to that effect was given by his father on the next day on 17. 3. 2000 to the police station Kaladhungi and the case was converted from 324, I. P. C. to section 302, I. P. C. THE post-mortem of the dead-body of the de ceased Vinod Kumar was conducted on the next day on 17. 3. 2000 in Haldwani and Panchnama was prepared. THE matter was investigated by the police. After complet ing the investigation, the Investigating Of ficer submitted charge-sheet against the ac cused- appellant before the Chief Judicial Magistrate, Nainital. After submission of the charge-sheet, the accused-appellant was committed to the Court of Session by the Chief Judicial Magistrate, Nainital. THE learned Sessions Judge framed the charge against the accused-appellant Sher Singh alias Sheru for the offence punishable under section 302, I. P. C. THE accused appellant denied the charge levelled against him and claimed trial. In order to prove its case, the prosecution examined Mahendra Kumar P. W. 1, the bus conductor who lodged the First Information Report in Kaladhungi police station, Devi Datt P. W. 2, the scribe of the F. I. R. (Ext. A-1), Mohan Singh P. W. 3, the eye-witness and Mohd. Ishmile P. W. 7, the driver of the bus. All of them did not support the prosecution during the trial and were declared hostile. Deepak Chau han P. W. 4 is the eye-witness and sup ported the prosecution case before the Trial Court. Jagat Ram P. W. 5 is the father of the deceased Vinod Kumar. He reached the hospital after receiving the information with regard to the incident by Deepak Chauhan P. W. 4 and then he took the de ceased to Haldwani Civil Hospital where the deceased died on the same day. Dr. Chandra Shakher P. W. 6 has conducted the autopsy of the dead-body of the deceased Vinod Kumar. Mohd. Jahir P. W. 10 was ex amined to prove the inquest report of the dead-body of Vinod Kumar. He prepared the inquest report at Haldwani. Rajendra Kumar P. W. 8 and P. W. 9 Jas Ram Singh are the investigating officers of this case. In the statement recorded under section 313, Cr. P. C, the accused-appellant denied all the averments made in the evi dence and stated that he had been falsely implicated in this case due to the enmity. The accused-appellant did not adduce any documentary or oral evidence in support of his case.
(3.) THE learned Trial Court after ap preciation of the evidence found the ap pellant guilty of the offence and, convicted and sentenced the appellant as mentioned above. I have heard the learned Counsel for the parties and perused the entire rec ord.;