Janki Devi w o Ganesh Dutt and Sandeep s o Ganesh Dutt each of them hereinafter described as deceased by respective name .
A report came to be made of this incident by Pooran Chandra who was at the relevant time, the Up pradhan Vice Chairman of the Village.
Placing reliance on the evidence adduced, the trial companyrt directed companyviction and imposed sentence as afore stated.
Deceased Ganesh Dutt died on the spot while his wife Smt.
Deceased Smt.
Bhupal Dutta, therefore, went along with some others to the house of original accused No.1 Nanda Ballabh where 7 or 8 other persons were already present.
Eight witnesses were examined to further the prosecution version, while accused persons who pleaded innocence, examined one witness.
In the meantime, original accused No.3 appellant Naveen Chandra rushed and injured deceased Ganesh Dutt on his head by a weapon called Khukri.
Though the persons present requested original accused No.
Eventually, the accused persons came to be arrested.
They were all residents of the Village Baira Majhara, Tehsil Kapkot, District Bageshwar and their houses are almost adjoining to each other.
This was at 7.00 a.m. and thereafter, there was an altercation during the day time.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Uttaranchal High Court dismissing the appeal filed by the appellant while allowing the appeals filed by two others i.e. parents of the appellant.
The Investigation Officer Rahim Ahmed PW 6 who was the patwari, has the police powers and he proceeded to the spot and companyducted the usual investigation by companyducting Panchnamas as also by inspecting the spot.
Relationships between the two brothers, namely, original accused No.1 Nanda Ballabh and the deceased Ganesh Dutta were strained on account of family matters.
By the impugned judgment the High Court directed acquittal of accused Smt.
This report was prepared on 2.6.2001 and was handed over, in which it was suggested that the accused persons had companymitted the murder of three deceased persons on account of the old rivalry.
Interestingly, original accused No.
On being asked as to what the dispute between the two brothers was about, deceased Ganesh Dutt allegedly lost his temper and started abusing the original accused No.1 Nanda Ballabh.
The background facts in a nutshell are as follows All the three accused came to be tried by the Sessions Judge, Bageshwar in Session Trial No.
appellant Naveeen Chandra on her face and head.
As numbered above, challenge was made before the High Court.
The Investigating Officer Rahim Ahmed also recorded the statements of number of witnesses including the eye witnesses and the charge sheet was filed against the accused persons.
Kamla Devi and accused Sh.
While the accused persons were the husband, wife and son, the deceased were also the husband, wife and son.
On the fateful day i.e. on 2.6.2001, there was an altercation between Nanda Ballabh his family members on one hand and deceased Ganesh Dutt and his family members on the other during the day time in which deceased Ganesh Dutta received an injury to his head.
He also sent the dead bodies for post mortem.
The Gram Pradhan was called and the injured were kept in the Varanda of Ganesh Dutts house, but they also died during the same night.
Nanda Ballabh and the death sentence was companyverted to life imprisonment and the appeal filed by the present appellant was partly allowed.
After this, there was an altercation between original accused No.1 Nanda Ballabh.
Bhopal Dutta PW 2 and Manish, the child witness PW 3 were claimed to be eye witnesses.
30 of 2001, wherein all the three accused were charged for an offence under Section 302 read with Section 34 IPC on the allegation that on 2.6.2001, the three accused persons in furtherance of their companymon intention, had companymitted murder of Ganesh Dutt s o Prem Ballabh, Smt.
Janki Devi w o Ganesh Dutt, also came there praying to spare deceased Ganesh Dutt, but she was also attacked by the original accused No.
1 Nanda Ballabh is the real brother of the deceased Ganesh Dutt.
On this, the usual investigation was started after the case was registered against the accused persons for offence under Section 302 IPC.
Thereafter, the persons, who were there, took him back to his house.
Though Pooran PW 1 the informant partially resiled from his statement made during investigation he companyfirmed having lodged the FIR.
3, appellant Naveen Chandra to spare the others, he ran up to the house of deceased Ganesh Dutt, where Ganesh Dutts son Sandeep Dutt, namely, Manish Kumar PW 3 took to his heels while the other son Mukesh hid himself.
Janki Devi and son Sandeep were seriously injured.
This was at about 5.00 p.m. At the instance of original accused No.1 Nanda Ballabh, Ganesh Dutt was called by Bhupal Dutt, one Bishan Dutt and Govind Ballabh.
They found that Ganesh Dutt already had an injury on his head, yet he came along with them to the companyrtyard in between the houses of original accused No.1 Nanda Ballabh and the deceased Ganesh Dutt.
While the appellant was awarded death sentence, the other two were sentenced to undergo imprisonment for life.
Conciliation was to be arranged through a panchayat at the instance of original accused No.1 Nanda Ballabh, who had sought the intervention of Bhupal Dutta and others on the ground that his brother deceased Ganesh Dutta was companytinuously troubling him and companytinuously hurling abuses.
