IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPEAL No.958 of 2001 (Old No.1818 of 1994) Sanjai Bhatt S/o Harshmani Bhatt, R/o Vill. Mothrawala, P.S. Clement Town, Dehradun, Distt. Dehradun …….….…. Appellant Versus The State …………… Respondent Dated: November 03, 2008 Sri Lokendra Dobhal, learned counsel for the appellant Sri Harish Pujari, learned Addl. G.A. for the State/respondent HON. DHARAM VEER, J. This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 14.11.1994 passed by Ist Addl. Sessions Judge, Dehradun in S.T. No.104 of 1992, State Vs. Sanjay Bhatt, whereby the learned Ist Addl. Sessions Judge has convicted the appellant/accused under Section 307 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to five years’ rigorous imprisonment. 2. I have heard Sri Lokendra Dobhal, learned counsel for the appellant and Sri Harish Pujari, learned Addl. G.A. for the State/respondent and perused the entire material available on record. 3. In brief, the prosecution case is that complainant Vivek Sharma (P.W.2) lodged a FIR at P.S. 2 Kotwali, Dehradun stating therein that on 5.4.1991 at about 7:00 A.M., when his brother Alok Sharma has come in the Gandhi Inter College to give examination for Class-IX along with him, then at the gate, appellant /accused Sanjay Bhatt was standing there and after seeing his brother, appellant/accused started abusing complainant’s brother. When they refused him to do so, then the appellant/accused caused injuries with his knife twice to Alok Sharma (P.W.1) due to which Alok became grievously injured. When the complainant Vivek Sharma along with Sanjeev Gupta (P.W.3) tried to save his brother, then the appellant/accused ran away from the place of occurrence by showing them knife. After that Alok Sharma (P.W.1) was taken to the hospital by the complainant along with Sanjeev Gupta (P.W.3) and other persons who were collected on the spot. It was further averted that the condition of complainant’s brother was serious and he was in the hospital in semi-conscious condition. It was further averted that prior to one day of incident, complainant’s brother Alok had stopped the appellant/accused Sanjay Bhatt to commit Marpit with some boy and due to this reason, appellant/accused had enmity with Alok Sharma (P.W.1). Due to this enmity, appellant/accused Sanjay Bhatt had caused injuries to complainant’s brother Alok Sharma with the intention to kill him. With the same averments, the FIR was lodged by P.W.2 Vivek Sharma at P.S. Kotwali, Dehradun on 05.04.1991 at 7:55 A.M., the FIR is Ex.Ka-2. On the basis of this report, a Chik FIR was prepared by Head Moharrir Dhan Pal Singh, i.e. Ex.Ka.9. The entry was also made in the G.D., the carbon copy of G.D. is Ex.Ka-10. The investigation of the case was entrusted to P.W.4 S.I. Rajveer Singh. The victim Alok Sharma was medically 3 examined on 05.04.1991 at 7:15 A.M. and medical report was prepared, i.e. Ex.Ka-3. Supplementary Report in respect of victim is Ex.Ka-4 and X-ray report is Ex.Ka-5. Due to his serious condition, the injured Alok Sharma (P.W.1) was further referred to Post- Graduate Institute of Medical Education & Research, Chandigarh and the report given by the said hospital is Ex.Ka-6. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-7. The I.O. also took into his possession the bloodstained shirt of the injured and prepared a Fard, i.e. Ex.Ka-1. After completing the investigation, the I.O. submitted the charge sheet against the appellant/accused in the court u/s 307/504 IPC, i.e. Ex.Ka-8. 4. Learned CJM, Dehradun committed the case to the court of Sessions on 04.07.1992 after giving necessary copies to the appellant/accused as required u/s 207 Cr.P.C. 5. Learned Sessions Judge, Dehradun appears to have transferred the case to Ist Addl. Sessions Judge, Dehradun for disposal according to law. 6. On 12.11.1992, learned Ist Addl. Sessions Judge, Dehradun framed the charge against the appellant/accused Sanjay Bhatt under Section 307 IPC. The charge was read over and explained to the appellant/accused, who pleaded not guilty and claimed to be tried. 7. To prove its case, the prosecution has examined P.W.1 Alok Sharma, injured witness, P.W.2 Vivek Sharma, complainant and brother of injured, 4 P.W.3 Sanjiv Gupta, eyewitness and P.W.4 S.I. Rajveer Singh, I.O. of the case. 8. Thereafter, the statement of the appellant/ accused Sanjay Bhatt was recorded u/s 313 of Cr.P.C. The oral and documentary evidence was put to him in question form, who denied the allegations made against him and stated that he has been falsely implicated due to enmity. However, he has not produced any oral or documentary evidence in his defence. 9. After appreciating the evidence on record and after hearing learned counsel for the parties, the learned Ist Addl. Sessions Judge, Dehradun vide his judgment and order dated 14.11.1994 has convicted and sentenced the appellant/accused Sanjay Bhatt u/s 307 IPC and sentenced him to five years R.I. Feeling aggrieved by the aforesaid judgment and order dated 14.11.1994, the appellant/accused has preferred the present appeal. 10. Before further discussion, it is pertinent to mention that injured Sri Alok Sharma was medically examined on 05.04.1991 at 7:15 A.M. by Dr. G.P. Singh, Medical Officer, Doon Hospital, Dehradun and his medical report was also prepared i.e. Ex.Ka-3. The injury report of injured Alok Sharma (P.W.1) is reproduced as under: - “1. Incised wound 2 cm x 1 cm x not probed on right side back 4 cm lateral to lumber region. 2. Incised wound 2 cm x 1 cm x not probed on left side back, 2 cm below left scapula. 5 Opinion- Injuries are kept under observation. Each x- ray back and Abdomen. Injuries caused by sharp edged object. Duration fresh. On the basis of the x-ray report (Ex.Ka-5), the supplementary report (Ex.Ka-4) in respect of injured Alok Sharma was also prepared which is also reproduced as under: - “No evidence of fracture seen; chest wall ribs, lung fields and costopherine angle clear. No evidence of gas shadow seen under left dome of diaphragm.” The injured Alok Sharma was also referred at Post- Graduate Institute of Medical Education & Research, Chandigarh and the recommendation in the report given by the said hospital Ex.Ka-6 is essential to mention here which reads as under: - Diagnosis- Stab Injury with Renal Trauma Operation- Exploratory Laprotomy with left nefractomy with SPC with Clot evacuation with peritoneal lavage. The formal proof of the above-said injury reports i.e. Ex.Ka-3 to Ex.Ka-6 was dispensed with by the defence counsel. 11. To prove its case, the prosecution has examined P.W.1 Alok Sharma, injured witness of the case, who has stated that on 5.4.1991, he came in the Gandhi Inter College along with his brother Vivek Sharma (P.W.2). When he reached in the gate of Gandhi Inter College, then the appellant/accused Sanjay Bhatt was present there before his arrival. Prior to one day of this incident i.e. on 4.4.1991 in the 6 evening, appellant/accused was beating his friend Naveen Joshi. He asked him not to commit Marpit with his friend due to which appellant/accused had enmity with him. Just because of this enmity on 5.4.1991, appellant/accused abused him at the gate of Gandhi Inter College. When he asked the appellant/accused not to abuse him, then appellant/accused caused injuries to him with knife, resultantly blood also oozed out. When he raised alarm, then Sanjeev Gupta (P.W.3), his brother Vivek Sharma (P.W.2) and some other persons arrived there. When these people had tried to catch the appellant/accused, then he ran away from there by showing them knife. From the place of occurrence, he was taken to Doon Hospital by Sanjeev Gupta and Vivek Sharma where he was medically been examined. After seeing his serious position, he was referred to PGI Chandigarh where he was medically treated. He also stated that he received injuries in his left kidney which was removed from his body. He was medically treated there for about one month. He further stated that appellant/accused has caused injury to him with the intention to kill him. The report of this incident was lodged by his brother Vivek Sharma (P.W.2). The shirt, which he was wearing at the time of incident, was taken by S.I. Rajveer Singh and a Fard was also prepared by him, i.e. Ex.Ka-1. This witness was cross-examined at length by the defence counsel but nothing has come out in his evidence which may create any doubt in his evidence. The evidence of this witness is reliable and believable. 12. The evidence of P.W.1 Alok Sharma is in total corroboration with the evidence of P.W.2 Vivek Sharma, who has lodged the report, as well as from the 7 evidence of P.W.3 Sanjeev Gupta, eyewitness of the incident. 13. P.W.4 is S.I. Rajveer Singh who has stated that on 5.4.1991, he was posted in Dhara Chowki. The investigation of this case was entrusted to him. He inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-7. During the course of investigation, he also recorded the statements of injured and other witnesses and he also received the injury reports as well as the supplementary report of the injured. He also proved Fard Ex.Ka-1, which was written and signed by him. After completing the investigation, he filed the charge sheet against the appellant/accused, i.e. Ex.Ka- 8. He has further stated that the Chik FIR of this case was prepared by Head Moharrir Dhanpal Singh, i.e. Ex.Ka-9. The necessary entry was also made by H.M. Dhanpal Singh, carbon copy of G.D. is Ex.Ka-10. 14. Thereafter, the statement of the appellant/ accused Sanjay Bhatt was recorded u/s 313 of Cr.P.C. The oral and documentary evidence was put to him in question form, who denied the allegations made against him and stated that he has been falsely implicated due to enmity. However, he has not produced any oral or documentary evidence in his defence. 15. Sri Lokendra Dobhal, learned counsel for the appellant/accused argued that the prosecution has not proved its case against the appellant/accused beyond reasonable doubt u/s 307 IPC. I do not find any force in the argument advanced by counsel for the appellant/ accused as P.W.1 Alok Sharma, who is the injured witness of the case, has stated in his evidence that on 8 5.4.1991, he came in the Gandhi Inter College along with his brother Vivek Sharma (P.W.2). When he reached in the gate of Gandhi Inter College, then the appellant/accused Sanjay Bhatt was present there before his arrival. Prior to one day of this incident i.e. on 4.4.1991 in the evening, appellant/accused was beating his friend Naveen Joshi. He asked him not to commit Marpit with his friend due to which appellant/ accused had enmity with him. Because of this enmity, on 5.4.1991 appellant/accused abused him at the gate of Gandhi Inter College. When he asked the appellant/ accused not to abuse him, then appellant/accused caused injuries to him with knife, resultantly blood also oozed out. When he raised alarm, then Sanjeev Gupta (P.W.3), his brother Vivek Sharma (P.W.2) and some other persons arrived there. When these people had tried to catch the appellant/accused, then he ran away from there by showing them knife. From the place of occurrence, he was taken to Doon Hospital by Sanjeev Gupta (P.W.3) and Vivek Sharma (P.W.2) where he was medically been examined. After seeing his serious position, he was referred to PGI Chandigarh where he was medically treated. He also stated that he received injuries in his left kidney which was removed from his body. He was medically treated there for about one month. He further stated that appellant/accused has caused injury to him with the intention to kill him. The evidence of P.W.1 Alok Sharma is reliable, believable and natural and inspires confidence and his evidence is also in corroboration with the evidence of P.W.2 Vivek Sharma and P.W.3 Sanjeev Gupta as well as from the medical evidence i.e. Injury Reports Ex.Ka-3 to Ex.Ka.6. Thus, it is clear that the appellant/accused Sanjay Bhatt has caused injuries to P.W.1 Alok Sharma 9 with knife twice with the intention and common knowledge and under those circumstances that, if he by that act caused death of P.W.1 Alok Sharma, he would be guilty of murder. Therefore, the offence punishable under Section 307 is clearly made out against the appellant/accused beyond reasonable doubt. 16. From the above-said discussion, the case u/s 307 IPC is fully proved against the appellant/accused beyond reasonable doubt and the trial court has rightly convicted the appellant/accused Sanjay Bhatt u/s 307 IPC and accordingly rightly sentenced him for five years R.I. and I also concur with the view taken by the trial court in convicting the appellant and sentencing him as discussed above. 17. For the reasons recorded above, the appeal is devoid of merits and is accordingly dismissed. The judgment and order dated 14.11.1994 passed by Ist Addl. Sessions Judge, Dehradun in S.T. No.104/1992, State Vs. Sanjay Bhatt, is hereby confirmed. The appellant Sanjay Bhatt is on bail. His bail bonds are cancelled. Let him be taken into custody in order to serve out the sentence. 18. Let a copy of this judgment be sent to the trial court concerned for compliance of the order forthwith. (Dharam Veer, J.) November 03, 2008 Rajeev Dang