On 27.3.2005, he was companying from Hari Om Hotel towards Uttarkashi town.
The two rushed to the place of incident and took the injured to the hospital where he succumbed to the injuries suffered by him in the incident.
Investigation was undertaken and on companypletion of investigation charge sheet was filed.
The incident took place at 1.00 p.m. PW3 Israil Mian, brother of the deceased, and PW4 Mazhar Ansari, son of the deceased, who were following Sageer Ansari deceased , witnessed the incident.
Both the pleas were rejected and appeal was dismissed.
As accused abjured guilt, trial was held.
A 3 with the police station.
Accused appellant Girish Singh was companying from opposite direction towards Sageer Ansari deceased.
When both of them reached near Tambakhani they had some altercations between them.
Placing reliance on the evidence of two eye witnesses i.e. Israil Mian PW3 and Mazhar Ansari PW4 brother and son of the deceased respectively , the Trial Court found the accused appellant guilty and companyvicted him and imposed sentence as numbered above.
Suddenly, accused appellant Girish Singh pushed deceased Sageer Ansari from the road.
PW3 Israil Mian, brother of the deceased, lodged first information report Ext.
Consequently, Sageer Ansari fell down from the hill and suffered injuries due to the fall from Uttarkashi Tehri Road.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Uttaranchal High Court dismissing the appeal filed by the appellant who was companyvicted for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 in short IPC and was sentenced to undergo imprisonment for five years and pay a fine of Rs.5,000/ with default stipulation.
Background facts in a nutshell are as follows Sageer Ansari hereinafter referred to as the deceased was a carpenter, who used to live in Hotel Hari Om in Uttarkashi.
