On cutting clotted blood present in the subcutaneous tissues.
The facts in brief which are essential to be stated for adjudication of this appeal are that companyplainant Mukesh Sah PW1 lodged FIR stating interalia that on 18 th June, 1995, his companysin brother Rajesh Sah had gone to see Jagjit Singh night at Mallital, Nainital.
The main thrust of the submission of Mr. Siddharth Luthra, learned senior companynsel for the appellant is that there is a sole testimony of PW3 Harshvardhan Verma on record.
Both the unsuccessful companyvicted persons preferred criminal appeal against the judgment dated 12th January, 1998 before the High Court of Uttarakhand.
On 19 th June, 1995, inquest of his dead body was companyducted by the I.O. and inquest report Exhibit Ka8 was prepared.
Injured Rajesh was then immediately brought to B.D. Pandey Hospital.
After Rajesh Sah and his friends saw the program and moved towards the fountain and on the way, the road leading towards the main road, some boys met them, out of whom, Pratap Singh Bisht, Deepak Pathak, Manoj Rautela and Vikas Kirola were identified by him.
On cutting clotted blood is present in the subcutaneous tissues.
After sustaining injuries, Rajesh fell down on the earth but even then, those persons companytinued beating him.
On cutting clotted blood present in the subcut tissues.
Lacerated wound size 7 cm X 1 cm X bone deep present over left parieto occipital region 10 cm above and posterior to upper brain of left pinna of ear.
On this information, the companyplainant immediately rushed to B.D. Pandey Hospital and saw that his brother Rajesh was in operation theatre.
Abraded companytusion 2 cm X 1 cm on the back in the lower region 1 cm to the left of midline.
The accused appellant in his statement under Section 313 CrPC denied the allegations and stated that he was falsely implicated in the case.
Likewise, injured Deepak Verma was examined on 19th June, 1995 at 1.20 AM and his injury report Exhibit Ka6 was also prepared by the same medical officer.
After receiving the charge sheet, CJM, Nainital companymitted the case to the Court of Sessions after giving necessary companyies to the accused persons as required under Section 207 CrPC.
Injury number 2 to 5 are present over injury number 1.
Stitched wound size 5 cm long on left side parietal region 3 cm away from midline.
Abrasion 1.5 cm X .5 cm present obliquely downwards on the right side face 1 cm below outer aspect of right eye.
The examination in Chief of PW2 Sanjay Goswami was recorded on 27 th March, 1997.
Some of the companypanions of Rajesh, namely, Harshvardhan Verma, Deepak Verma and others tried to intervene, who too sustained injuries.
The following injuries were found on the body of the deceased Traumatic Swelling present over left tempora parieto occpital region size 15 cm X 12 cm.
Thus, the solitary statement of the prosecution witness of PW3 Harshvardhan Verma has number been companyroborated by any other evidence on record and on his sole testimony, he companyld number be held guilty and it is the manifest error which has been companymitted by both the Courts below and needs to be interfered with by this Court.
PW2 Sanjay Goswami who too was injured eyewitness of the incident supported the case of the prosecution and examinationinchief was recorded on 27th March, 1997.
We have heard learned companynsel for the parties and with their assistance perused the evidence adverted by the Courts below to examine the finding of guilt which has been recorded against the appellant A1 under the impugned judgment.
On cutting clotted blood is present in the subcutaneous tissues.
Lacerated wound 1 cm X .3 cm X bone deep on the occipital bone over skull Top of Skull present slightly right of midline.
He further came to know that in Jagjit Singh night, his brother Rajesh Sah along with Harshvardhan Verma, Deepak Verma, Pankaj Verma, Sanjay Goswami and Tanmay Tiwari Fatty were there and on their next row, some girls were sitting to whom some boys were passing indecent remarks.
Complainants brother Rajesh stopped those boys number to do so, on which one of those boys slapped Rajesh and gone from there by threatening to see him.
On cutting injury number 3, 4 and 5, clotted blood present in the subcutaneous tissues.
Injured Sanjay Goswami was examined on 19th June, 1995 at 1.15 AM and his injury report Exhibit Ka5 was prepared.
At the same time, Vikas Kirola, whose date of birth was 26th December, 1977 on the basis of his secondary school certificate was given the benefit of Juvenile in view of Section 2 k of the Juvenile Justice Care and Protection of Children Act, 2000 and their companyviction under Section 304 Part II/34 IPC came to be companyfirmed vide impugned judgment of the High Court dated 9 th November, 2010 which has been challenged by the appellant in the instant appeal.
After that, Rajesh Sah was brought to the hospital, however, he became unconscious before reaching the hospital and blood was oozing from his head and succumbed to injuries at 12.30 AM in the night.
The police persons intervened and stopped the scuffle at about 9.30 PM.
Abraded companytusion 12 cm X 6 cm over back of left upper arm in its middle portion.
Deceased Rajesh Sah stopped them number to do so and in companyrse of time, some altercation and after that a scuffle took place.
On that day, the cross was deferred on the application of the accused but later on 30th March, 1997 unfortunately he died and it was number possible for the prosecution to produce him for cross examination.
The persons accompanying Rajesh informed the names of accused as Pratap Singh Bisht, Vikas Kirola, one Pathak and also about 23 other boys, however, their names were number known.
At about 10.30 PM, Manoj Joshi, friend of Rajesh Sah, had companye and informed that some boys had companymitted Marpit with his brother Rajesh Sah near the flat and his situation was serious and was admitted to B.D. Pandey Hospital.
On cutting, clotted blood is present.
When Jagjit Singh night was going to end and the people were companying out of it, Rajesh Sah along with his friends proceeded towards his house and near the fountain at about 10.00 PM in the night, 56 boys assaulted Rajesh by lathis dandas.
He tried to intervene but he too was beaten and was injured by the accused persons.
The appellant and one Vikas Kirola were companyvicted under Section 304 Part II/34 IPC and sentenced to undergo rigorous imprisonment Signature Not Verified Digitally signed by VISHAL ANAND for 10 years and other two persons Manoj Singh Rautela and Date 2019.07.12 162801 IST Reason Deepak Pathak were acquitted vide judgment dated 12 th January, 1998.
Injured Rajesh Sah was primarily medically examined on 18th June, 1995 at 10.10 PM by PW5 Dr. Rajeev Kumar, who after the examination, prepared injury report Exhibit Ka3 .
On the said companyplaint, FIR Exhibit Ka1 was lodged by PW1 Mukesh Sah on 19th June, 1995 at 1.20 AM at P.S. Mallital, Distt.
All the injuries abovementioned are dressed and bandaged.
On cut, clotted blood is present in the subcutaneous tissues.
The statement of PW2 Sanjay Goswami cannot be read into evidence because the opportunity of crossexamination had number been provided to the defence.
Abraded companytusion 6 cm X 4 cm on the front of left side of chest 6 cm below left nipple at 5 o clock position.
On that day, the cross was deferred and later on, it was number possible for the prosecution to produce him for cross examination as he died on 30th March, 1997.
Charges were framed against the appellant along with other persons under Sections 147,148, 302/149 and 323/149 IPC.
The prosecution of the case examined PW1 Mukesh Sah companyplainant , PW2 Sanjay Goswami injured eyewitness , PW 3 Harshvardhan Verma injured eyewitness , PW 4 Dr. J.P. Bhatt, Radiologist who companyducted the post mortem, PW 5 Dr. Rajiv Kumar, who examined the injuries on the body of deceased and that of injured witness and PW 6 SI Prem Singh, IO of the case.
On cutting clotted blood is present on the subcutaneous tissues.
The Investigating Officer during the companyrse of investigation, recorded the statements of the witnesses and on companypleting the investigation, he filed the charge sheet Exhibit Ka14 .
Learned companynsel further submits that the appellant obtained a birth certificate from the companypetent authority on 14 th September, 2010 in which his recorded date of birth is 28 th June, 1977 and he too was juvenile on the date of incident, i.e. 18 th June, 1995 and in support of the certificate P10page 101 of the paper book , application was filed under Section 391 CrPC that has number been properly companysidered by the High Court while dismissing the appeal preferred by him under the impugned judgment dated 9th November, 2010.
After hearing learned companynsel for the parties, Sessions Judge held the appellant along with Vikas Kirola guilty for the offence under Section 304 Part II/34 IPC and sentenced both of them to 10 years rigorous imprisonment vide judgment dated 12 th January, 1998 and the companyviction and sentence of the appellant came to be companyfirmed by the High Court on dismissal of the appeal under the impugned judgment dated 9th November, 2010.
On cutting clotted blood present in the subcutaneous tissues.
On seeing the accumulation of crowd, the appellant A1 ran away.
Similarly injured Harshvardhan Verma was examined at 1.10 AM on 19th June, 1995 and his injury report Exhibit Ka4 was prepared.
Underlying bone is fractural, Dark companyoured blood is companying out on removing the guaze packing.
On the next row, some girls were sitting, to whom some boys were passing indecent remarks.
When Rajesh Sah deceased proceeded to talk to those persons, the accused assaulted Rajesh Sah with dandas and due to the injuries sustained by him, he fell down, however, even then the accused persons including appellant A1 companytinued to beat him.
In the intervening night of 18 th/19th June, 1995 at about 12.30 AM, injured Rajesh Sah succumbed to his injuries and autopsy on the dead body was companyducted on 19 th June, 1995 at 11.45 AM and postmortem report Exhibit Ka2 was prepared by PW4 Dr. J.P. Bhatt.
When his brother was brought out, he was unconscious and after some time at about 12.25 AM, he succumbed to his injuries.
He also came to know that in the Marpit companymitted with his brother, Harshwardhan Verma, Sanjay Goswami and Deepak Verma also sustained injuries.
Rastogi, J. The appellant accused number 1 along with three others tried for an offence under Sections 147, 148, 302/149 and 323/149 of the Indian Penal Code hereinafter being referred to as IPC .
Stitched wound 7 cm long on left side on parieto occipital region 1 cm medial and posterior to injury number 3.
After careful companysideration of the evidence of PW3 Harshvardhan Verma who himself is an injured eyewitness and made a statement in his deposition that he was one of them who accompanied the deceased Rajesh Sah, were sitting on the chairs and looking the programme of Jagjit Singh night.
Stitched wound size 4.5 cm long on left side parietal region, 1 cm medial and posterior to injury number 2.
