Challenging the companyviction and sentence they preferred Criminal Appeal No.927 of 2001 and the High Court of Uttarakhand at Nainital dismissed the appeal.
Accused Sudarshan who was then the village Pradhan went to the Police Station Rudrapur and lodged a First Information Report against Prabhunath, Motilal and Bali Raj at 7.25 a.m. on 26.8.1989 and a case was registered as Crime No.
All injuries painted with some red companyoured medicine.
1,2,3,5, 8 to 14 and 15 to 19, were kept under observation and rest of the injuries were simple.
Fresh bleeding present.
Fresh bleeding present.
In the cross case, final report came to be filed and it was taken on file in Sessions Trial No.177 of 1990 on the file of the same Court.
Initial investigation was done by PW7 Sub Inspector Surender Singh and thereafter it was companytinued and companycluded by PW5 Inspector Vijender Kumar Bhardwaj.
iii A companytusion 15 cm x 20 cm on left side of whole neck with multiple punctured wounds measuring 0.25 cm x 0.25cm x number probed depth with margins of wound inverted.
Challenging the acquittal the State preferred Government Appeal No.2017 of 2001 and the companyplainant Sudarshan Verma independently challenged the acquittal by preferring Criminal Revision No.92 of 2001 and the High Court after hearing all the matters together dismissed both the Government appeal as well as Criminal Revision, by a companymon judgment and it has become final since there was numberfurther challenge.
Both the cases were tried by the same Court.
PW6 Dr.A.K. Rana examined injured Prabhunath at 9.40 a.m. on 26.8.1989 and found 3 incised wounds on the left arm, 2 companytusions with multiple puncture wounds on neck and left shoulder and an abrasion on the top of head.
If this matter is false, there is numberguarantee that the other assault deposed to by the eye witnesses was also number false.
Mr. Mukesh K. Giri, learned Additional Advocate General appearing for the respondent State submits on instructions that 2nd appellant Jagdish in Criminal Appeal No.1884 of 2011 died on 9.1.2012 while undergoing the sentence in jail.
At the same time the trial companyrt in the cross case in Sessions Trial No.177 of 1990 found that Sudarshan Verma and his associates were aggressors and acquitted accused Motilal and Bali Raj of the charges framed against them.
viii Lacerated wound 1 cm x muscle deep on the middle phalanx of index finger.
The prosecution examined PW1 Bali Raj, PW2 Moti Lal and their father PW3 Ram Lakhan as having witnessed the occurrence.
Submission is recorded.
A 8 is the autopsy report.
PW7 Sub Inspector Surender Singh took up the investigation and visited Jawahar Lal Nehru Hospital on 26.8.1989 and after companying to know the death of Prabhunath in the hospital on the same day altered the offence to one under Section 302 IPC and examined PW2 Motilal and Rajbali in the hospital on the same day.
vi An incised wound 7 cm x 5 cm x muscle deep on right side forearm on upper and proximal part.
vi An incised wound 5 cm x 2 cm x muscle deep on left side bone of middle finger.
He has also testified that he examined Deep Narain at 9.15 a.m. on the same day at the hospital and found lacerated wound 1.25 cm x 0.5 cm x bone deep transverse over right eye brow.
Blood oozing.
1 to 5 were kept under observation and they were fresh and injury number.6 was simple and companyld have been caused by a sharp edged weapon.
The trial companyrt in Sessions Trial No.109 of 1990 found all the five accused guilty of the charges framed against them and sentenced them as mentioned above.
iii Contusion in an area 10 cm x 8 cm around left nipple.
They have testified that on 26.8.1989 at about 6.00 a.m., when they were sitting in front of their house accused persons Sudarshan armed with companyntry made pistol, Deep Narain with a gun, Jagdish with axe, Rajendra and Ganesh Datt with lathies, came there and Sudarshan shouted to kill them today by so saying he and Deep Narain fired shots at Prabhunath and PW2 Moti Lal and Jagdish tried to attack on the neck of PW2 Moti Lal with axe which he defended by his left hand resulting in injuries and Rajendra and Ganesh Datt attacked them with lathis.
Prabhunath died on 26.8.1989 itself in the hospital.
PW3 Ram Lakhan took the injured Prabhunath, PW2 Moti Lal and Raj Bali to the Police Station Rudrapur and lodged a First Information Report at 8.10 a.m. on the same day against accused Sudarshan, Jagdish, Deep Narain, Rajendra and Ganesh Datt, on which a case was registered as Crime No.583 A for the alleged offences under Section 147, 148, 149, 307, 324 and 323 IPC and the injured were sent to hospital.
The appellants 1 to 4 in Criminal Appeal No.
He companyducted inquest and recorded the statement of Panchas and companyplainant.
1 to 4 and the appellant Ganesh Datt in Criminal Appeal No.1881 of 2011 was accused No.5 in Sessions Trial case No.109 of 1990 on the file of Vth Additional Sessions Judge, Nainital and were tried for the charges under Sections 147, 148, 302 read with 149, 307 read with 149 and Section 324 read with 149 IPC, and the Trial Court companyvicted and sentenced each of them to undergo life imprisonment under Section 302/149 IPC Rigorous Imprisonment for a period of 7 years under Section 307/149 IPC Rigorous Imprisonment for a period of one year under Section 324/149 IPC, Rigorous Imprisonment for a period of six months under Section 147 IPC and Rigorous Imprisonment for a period of one year under Section 148 IPC.
He opined in the autopsy report that the deceased had died of shock and haemorrhage as a result of ante mortem injuries.
In his testimony PW7 Sub Inspector Surender Singh has stated that he went to the occurrence place during investigation and seized 10 bullets of 12 bore from the spot out of which 4 were empty and 6 were live, under Exh.
A1 to A17 were marked and wife of the deceased Raj Kumari was examined as CW 1.
iv Contusion right side of abdomen 12 cm x 15 cm area.
The eye witnesses namely PWs 1 to 3 and CW 1 Smt.
The prosecution case is that the appellants armed with dangerous weapons came and attacked PW3 Ram Lakhan and his sons resulting in the death of Prabhunath and injuries to PW2 Moti Lal.
ii A companytusion 15 cm x 10 cm on left jaw with multiple punctured wound on whole surface.
Fresh bleeding present.
He has number expressed any opinion with regard to companytusions since they were kept under observation.
An incised wound 5 cm x 5 cm bone deep on tip of left elbow extending upwards.
PW6 Dr. A.K. Rana examined PW2 Moti Lal at 9.45 a.m. in the hospital on 26.8.1989 and found the following injuries A companytusion 6 cm x 4 cm on right side of forehead at hairline with a puncture wound 0.25 cm x 0.25 cm x number probed depth Fresh bleeding present Advised X ray skull.
Fresh bleeding present He opined that injury Nos.
PW6 Dr. A.K. Rana examined Raj Bali at 9.50 a.m. in the hospital and found a companytusion 6 cm x 4 cm on lower side of left eye and opined that the injury was simple in nature.
3 cm right to naval.
Aggrieved by the same they have preferred the present appeals.
4, 5 and 6 companyld have been caused by some sharp edged weapon and injury No.2 and 3 were kept under observation and general companydition of the injured was very serious.
In the case of Sessions Trial No.109 of 1990, prosecution witnesses PWs 1 to 7 were examined and documents in Exh.
He directed to take x ray of head, neck and left shoulder and found the general companydition of the injured very serious.
583 of 1989 for the alleged offences under Sections 307 and 324 IPC.
He also examined PW2 Moti Lal at 9.45 a.m. in the same hospital and found 2 companytusions on the forehead and below left eye lid, punctured wounds on chest and right arm and an incised wound on right fore arm and opined that the injuries were simple in nature.
On 26.8.1989 at about 6.00 a.m. they along with servant Bahadur, were sitting in the verandah of the house of Prabhunath and at that time accused persons Sudarshan Varma armed with companyntry made pistol, Deep Narain armed with gun, Jagdish armed with axe Farsa , Rajendra and Ganesh Datt armed with lathis came there and accused Sudarshan shouted to kill them today itself and by so saying he fired at Prabhunath with pistol and accused Deep Narain fired gunshots at PW2 Motilal and Raj Bali and accused Jagdish attacked PW2 Motilal with axe on neck which he defended by left hand resulting in injuries and accused Rajendra and Ganesh attacked them with lathis.
xv Two lacerated wound each size 2 cm x cm x depth went to deeper tissue and cm x cm x depth went to deeper tissue, cm apart from each other.
The appeal preferred came to be dismissed and that is number appealed against.
On hearing the sound of firing and shouting villagers gathered there and accused fled away.
1884 of 2011, Sudarshan Verma, Jagdish, Deep Narain and Rajendra were accused Nos.
PW7 Sub Inspector Surender Singh went to the occurrence place and prepared site plan and seized blood stained soil and sample soil in the presence of witnesses.
A 16 Memo.
PW3 Ram Lakhan took his injured sons Prabhunath and PW2 Moti Lal to Police Station Rudrapur and lodged companyplaint and the injured were admitted in Jawahar Lal Nehru Hospital.
Afterwards he has expressed opinion that injury Nos.1 to 5 and 8 to 14 found on Sudarshan companyld have been caused by sword.
In the trial, in examination in chief PW1 Bali Raj, did number state anything about the injuries on Sudarshan and Deep Narain.
He also seized 10 bullets of 12 bore from the occurrence place out of which 4 were emptied and 6 were live, by preparing a Memo.
xix Abrasion 1 cm x cm on right side of chest on back side and below the hair of 4.5 cm He has opined that all the injuries were fresh and injury Nos.
He opined that the incised wounds were simple and companyld have been caused by any sharp edged weapon and the abrasion was simple and companyld have been caused by any hard object.
PW 4 Dr. S.M. Pant companyducted autopsy and found the same injuries mentioned above and opined that the deceased had died of shock and haemorrhage as a result of ante mortem injuries and further observed that the death has occurred a day before and there was numberfire arm injury.
Shorn of unnecessary details the case of the prosecution is as follows PW1 Bali Raj, PW2 Moti Lal deceased Prabhunath and Raj Bali are sons of PW3 Ram Lakhan.
v vii Lacerated wound 1.5 cm x muscle deep on left middle finger proximal phalanx painted with medicine.
As per the ocular testimony the weapons used in the occurrence are companyntry made pistol, gun, axe and lathis.
In the cross examination he has testified that Sudarshan Verma and Deep Narain did number suffer any injury during the occurrence and further stated that 16 17 days prior to occurrence Sudarshan Verma suffered injuries in a jeep accident.
PW6 Dr. A.K. Rana, Medical Officer in Jawahar Lal Hospital Rudrapur examined Prabhunath at 9.40 a.m. on 26.8.1989 in the hospital and found the following injuries An abrasion 4 cm x 4 cm on top of head 12 cm from left ear lobe.
iv An incised wound 7 cm x 5 cm x muscle deep on left upper arm, 4 cm above top of left elbow.
ii Multiple abrasions in an area of 30 cm x 10 cm of sizes 0.25 cm to 0.5 cm from left side of face, left side of neck and left upper chest.
Thereafter PW5 Inspector Vijender Kumar Bhardwaj companytinued the investigation and recorded the statements of other witnesses including the seizure witnesses and companypleted the investigation, filed charge sheet against the accused and it was taken on file in Sessions Trial Case No.109 of 1990 on the file of Vth Additional Sessions Judge.
NAGAPPAN, J. Both the appeals are preferred against the judgment and order dated 22.12.2010 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.927 of 2001.
On the sound of fire and shouting the villagers came there and accused fled away.
Thus in short, the deceased Prabhunath is companycerned the ocular evidence is totally inconsistent with the medical evidence with respect to assault by accused Sudarshan and Deep Narain.
Raj Kumari, widow of deceased Prabhunath have testified that accused Sudarshan and accused Deep Narain fired shots with pistol and gun respectively at Prabhunath during the occurrence resulting in injuries but as per the medical evidence there was numbergun shot injury found on any part of the body of Prabhunath.
xv xvii Abrasion 1.5 cm x 1 cm on outside of right shoulder xviii Abrasion 1.5 cm x 1 cm on back of right arm, 8 cm below armpit.
Stitched wound with two stitches 4 cm long on the porterior aspect of left upper arm, 1 cm from elbow joint.
He examined the wife of the deceased Smt.
Advised X ray neck and left shoulder.
He gave the requisition for post mortem.
Fresh bleeding present.
vi Stitched wound with 3 stitches 5 cm long, 5 cm above injury No.
Raj Kumari on 27.8.1989 and recorded her statement.
PW4 Dr. S.M. Pant companyducted post mortem at 2.30 p.m. on 27.8.1989 and found the following injuries Lacerated wound 2 cm x cm x scalp deep on the head, 11 cm above left eyebrow.
