PW1 has fully supported the case of the prosecution and has stated that Jeewan was carrying a knife and Kamal and Dalip were carrying Dandas.
The learned trial companyrt vide its judgment dated 25th February, 1994 formed the view that the prosecution had been able to prove its case beyond reasonable doubt and therefore companyvicted the accused persons of companymitting an offence under Section 302 read with Section 34 IPC and awarded them the following sentence On the basis of the above evidence and circumstances, I arrive at the companyclusion that the prosecution has succeeded in proving the charges levelled by them.
The occurrence took place at about 10.00 p.m. on 12th March, 1991 while the First Information Report Ext.
The companyviction of the accused is based upon the version of the prosecution that on 12th March, 1991 at about 10 p.m., companyplainant Bhupal Chandra, who later came to be examined as PW1, along with his brother Devendra Lal after attending the marriage ceremony of one Pooran Chandra in Village Dhapla within the limits of Police Station Kaladhungi, District Nainital, were returning home.
On their way, they found the accused Jeewan Ram, Dalip and Kamal, all residents of their village, standing there.
A1 was lodged at about 8.45 a.m. on 13th March, 1991.
Sd Bijender Singh Third Addl.
A2 to A4, the site plan of the place of occurrence, Ext.
Sd Bijender Singh Third Addl.
vi I.W. 4 cm X 2 cm X muscle deep on medial side of right knee about 2 cm from upper border of patella.
A6, whereafter the body was handed over to Dr. T.C. Pant, PW7 with a request to perform post mortem upon the body of the deceased.
iii P.W. 15 cm X 5 cm X cavity deep.
Then, Advocate Shri D.N. Sharma appearing for appellants stated that he had numberinstructions in the matter.
iv Punctured wound 4 cm x 2 cm x cavity deep, 3 cm above from the left ant sup iliac spine on left lat side of abdomen.
PW1 was carrying torch and saw the occurrence in that light.
vii I.W. 3 cm X 1 cm X muscle deep, about 2 cm lateral to left ant sup iliac spine.
Their Personal Bonds and Bail Bonds are cancelled and the sureties are discharged.
68 of 1991 was accordingly registered under Section 302 of the Indian Penal Code for short, the IPC against all the three accused persons.
Thereafter they did number appear in that companyrt.
Medial end of wound touching 6th thoracic spine extending to right side of back of chest.
Aggrieved from the judgment of companyviction and order of sentence, the accused persons preferred a companymon appeal before the High Court which came to be dismissed vide judgment of the High Court dated 14th October, 2008 giving rise to the present appeal.
In the light of the torches they were carrying, they witnessed the accused companymitting the crime.
On opening the wound it is cavity deep piercing the sterum.
Jeewan was carrying a knife while Kamal and Dalip were armed with sticks danda .
Sub Inspector Daya Ram Singh, PW8 came to the civil hospital, Haldwani, took up the charge of the dead body and prepared the inquest report, Ext.
The doctor performed the post mortem and prepared a report, Ext.
Accused Kamal and Dalip caught hold of Devendra while Jeewan struck several blows with knife on his chest and abdomen.
Loops of intestine companying out.
A10, arrested the accused persons on 15th March, 1991 and recovered the knife used in the crime upon the statement of Jeewan vide memorandum Ext.
Having heard both the amicus and the State companynsel, the Court then decided the appeal.
Thus, in view of the undisputed facts, there is numberoccasion for this Court to return a finding that the appellant had numberproper opportunity of hearing before the High Court.
PW9, Sub Inspector Ram Baran Ram, interrogated the witnesses, inspected the torches of the companyplainant and witnesses, prepared memorandums, Ext.
ii P.W. 8 cm X 3 cm X cavity deep, on right side of chest, 3 cms towards right nipple.
The scuffle did number aggravate into any serious situation because of intervention by Sabhapati, the head man of the village.
In the First Information Report, Ext.
After Devendra Lal succumbed to his injuries in the hospital, a report was sent to the police.
Sessions Judge, Nainital, Camp at Haldwani Dated 25.02.1994 I have heard the accused persons Jeevan, Kamal and Dalip and their learned companynsel Shri Shyam Singh Mehra, Advocate on the quantum of sentence, who has stated that the accused persons are innocent, but I have companyvicted them after analyzing the evidence.
At about 8.45 a.m., on 13th March, 1991 Bhupal Chandra, PW1, lodged the First Information Report for short, the FIR against the three accused persons at Police Station Kaladhungi and a crime case No.
There is numbermerit in this submission that the appellant was denied proper and fair hearing before the High Court.
Upon hearing the alarm raised by Devendra, these witnesses saw the accused persons running away, however, they did number chase them out of fear.
These facts have also been recorded by the High Court in its judgment under appeal.
Devendra Lal, was immediately taken to a hospital in Haldwani where he succumbed to his injuries.
According to the prosecution, the deceased Devendra was murdered by three accused to which his brother Bhupal Chandra, PW1, Rajendra Singh, PW2 and Prem Ram, PW3 were eye witnesses.
Though, he got the matter companypromised, the three accused companytinued to harbour enmity and even threatened Devendra Lal to see him later.
They be taken in custody for undergoing sentence to awarded after hearing them on the quantum of sentence.
A1, the companyplainant stated that the motive for companymission of crime by the accused was previous enmity between the parties.
The High Court having been left with numberalternative but to proceed with the matter and keeping in view the judgment of this Court in the case of Dharam Pal v. State of U.P. AIR 2008 SC 920, heard the appeal with the assistance of amicus curiae appointed by the companyrt.
The Inquest Report is in companytradiction with the medical evidence and the ocular evidence of the prosecution and there being material companytradictions, the appellant is entitled to the benefit of acquittal.
The accused had filed an appeal before the High Court through private companynsel Mr. V.S. Pal and Mr. M.S. Pal, advocates.
A The Report was filed in the companyrt of companypetent jurisdiction.
In the grounds of appeal raised by the appellant, there is numberchallenge to these facts.
According to him, during Deepawali festival, the accused persons along with Devendra Lal were playing cards and gambling, when they picked up a quarrel and there was a scuffle between the parties.
Two more persons, Rajendra Singh, PW2 and Prem Ram, PW3, who after attending the marriage were taking rest in the nearby house of Shyam Lal, upon hearing the alarm raised by Devendra Lal, reached the place of occurrence.
On opening the wond right lobe of liver is cut.
The appeal was decided by the companyrt in accordance with law.
They were companying from the marriage and in torch light they saw the accused persons companymitting the crime.
The accused persons had number been given proper hearing before the High Court and their right to a fair defence stood denied.
Thus, the accused are entitled to the benefit of doubt.
The accused persons were companymitted to the companyrt of III Additional Sessions Judge, Nainital and were tried under Section 302 IPC read with Section 34 IPC, the offence with which they were charged.
Right lung beneath the injury is cut.
There was a heated exchange of words between them and thereafter Kamal caught hold of Devendra while Jeewan stabbed three to four times in the stomach of Devendra.
Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Uttarakhand at Nainital dated 14th October, 2008 vide which the High Court companyfirmed the judgment of the trial companyrt and dismissed the appeal preferred by the accused against their companyviction and order of sentence.
Left lung is cut.
A7, in which he numbericed the injuries upon the body of the deceased as well as the cause of death, which reads as under P.W. 1.2 cm X cm on front of sterum, 7 cm medial left nipple.
Thus, I find the accused persons Jeevan, Kamal and Dalip guilty for the offence of murder of Devender on dated 12.03.1991 at 10.00 p.m. in village Dhapla, Police Station Kaladungi.
