Naresh pointed the gun at him.
12 and blood stained soil Ext.
A 26 and opined that the death has been caused due to shock and haemorrhage, resulting from injury over the lung.
A 5 , filled police form No.13 Ext.
Appellant Vinod was additionally companyvicted for offence punishable under Section 323 IPC and sentenced to imprisonment for six months.
In appeal, the main ground was that the offence has number been made out in respect of the accused persons.
Thereafter, on the same day, at about 130 A.M. in the intervening night of 9th/10th of July, 1985, when Jaswant deceased, his father Chamela Ram P.W. 2 , brother Data Ram P.W. 1 , were sleeping in the verandah of their house, they woke up on hearing the barking of their dog and flashed their torches and saw that appellants Naresh, armed with a gun , Vinod, armed with a KHUKRI a sharp edged weapon , Chaman, armed with SAINTA a sharp edged weapon and Khushi Ram, armed with a companyntry made pistol , entered their house.
Appellant Chaman, brother of Rani, came from his house hurling abuses at Jaswant Singh, saying TU BAHUT BADA SAAND BANTA HAI, RUK TUJHE MAJAA CHAKHATAA HUN You think yourself to be a big bull, wait I will teach you a lesson .
Prosecution version in a nutshell is as follows On 09.07.1985, at about 500 P.M., Jaswant Singh hereinafter referred to as the deceased was returning to his home, when he met Rani, daughter of Onkar Das and they started talking to each other.
A 1 , its check report Ext.
He further took into his possession simple soil Ext.
Since accused persons pleaded innocence, trial was held.
It was also submitted that Section 34 has numberapplication.
By then, witnesses Bhuru P.W.5 , Ramu, Isam P.W.6 , Nakli P.W.7 and Nain Singh had reached there.
One of the appellants Khushi Ram died during the pendency of the appeal.
Thereafter, all the four appellants ran away from the place of occurrence.
A written report Ext.
Chamela Ram caught hold the barrel of the gun to save himself.
After recording the statements of the witnesses and on companypletion of the investigation, the Investigating Officer submitted charge sheet Ext.
A25 before the Magistrate companycerned.
A 6 , prepared letter Ext.
Jaswant Singh, succumbed to the injuries on the spot, near the house of Nain Singh.
A 18 was prepared at the police station and necessary entry was made in the general diary, a companyy of which is Ext.
Crime No.117 of 1985 was registered against all the four accused persons, for the offence allegedly companymitted by them under Section 302 of I.P.C. P. W. 8 H.C. Panda, Sub Inspector, after aforesaid report was lodged with the police station, proceeded to the place of occurrence on 10.07.1985 and took the dead body of Jaswant in his possession and prepared the inquest report Ext.
The first two are appellants in the present appeal.
A 1 of the incident was got scribed by Raj Kumar P.W. 4 by Chamela Ram P.W. 2 , which was lodged against all the four accused persons with the police station Doiwala on 10.07.1985, at about 530 A.M. The distance between the place of occurrence Chandi Plantation and the police station is 15 kms.
However, Jaswant companyld number go far and fell down near the house of Nain Singh.
Meanwhile, Chamela Ram P.W.2 raised an alarm BACHAO BACHAO Save Save .
Investigating Officer also recovered the torches, in the light of which the crime was witnessed by the witnesses.
H.C. Pandey, Sub Inspector P.W.8 also took blood stained BANIYAN undershirt Ext.8 in his possession and prepared memo Ext.
Meanwhile, appellant Chaman struck a blow with SAINTA a sharp edged weapon on the person of Jaswant, who ran to save his life.
Each of the accused was companyvicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and sentenced to imprisonment for life.
Reliance is placed on a certificate dated 20.8.2008 to companytend that one of the accused persons was a juvenile.
By the impugned judgment, the High Court upheld the companyviction so far as other appellants Chaman, Vinod Kumar and Naresh are companycerned.
It was further stated that one of the accused persons was a juvenile.
On which, Jaswant along with Data Ram, got up from their companys.
On this, appellant Vinod gave him blows with the butt of Khukri.
They also flashed their torches and saw that appellant Vinod, struck a blow with the Khukri on injured Jaswant.
Appellant Chaman, asked Jaswant to stand up.
In any event, the certificate came into the existence much after the companypletion of the trial and disposal of the appeal by the High Court.
On the basis of said report Ext.
He also prepared site plan Ext.
A 7 addressed to Chief Medical Officer, requesting for post mortem examination of the dead body.
The same has number been brought on record earlier.
No appeal has been preferred by accused Naresh.
ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Division Bench of the Honble High Court of Uttaranchal at Nainital upholding the companyviction of four appellants who had filed Criminal Appeal number1275 of 2001.
Autopsy was companyducted by Dr. A.S. Khanuja P.W. 11 on the very day i.e. on 10.07.1985 at 400 P.M, on the dead body of the deceased, prepared post mortem examination report Ext.
Relying on the evidence of eye witnesses PWs 1, 2, 5 and 7 the Trial Court found the accused persons guilty and sentenced them as aforesaid.
13 and prepared memo Ext.
A 10 .
