Naveen Chandra vs State Of Uttranchal

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. Appellant was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860, (in short the 'IPC') read with Section 34 of the IPC. While the appellant was awarded death sentence, the other two were sentenced to undergo imprisonment for life. All the three accused persons were convicted for offence punishable under Section 302 read with Section 34 IPC. In view of the award of death sentence a reference was made to the High Court for confirmation in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the 'Code'). By the impugned judgment the High Court directed acquittal of accused Smt. Kamla Devi and accused Sh. Nanda Ballabh and the death sentence was converted to life imprisonment and the appeal filed by the present appellant was partly allowed.

The background facts in a nutshell are as follows:

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. 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 courtyard in between the houses of original accused No.1 Nanda Ballabh and the deceased Ganesh Dutt. 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. Thereafter, the persons, who were there, took him back to his house. However, deceased Ganesh Dutt, again came back and held the hand of his sister in law i.e. original accused No.2. After this, there was an altercation between original accused No.1 Nanda Ballabh. In the meantime, original accused No.3 appellant-Naveen Chandra rushed and injured deceased Ganesh Dutt on his head by a weapon called "Khukri". Deceased 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. appellant-Naveeen Chandra on her face and head. Though the persons present requested original accused No. 3, appellant-Naveen Chandra to spare the others, he ran up to the house of deceased Ganesh Dutt, where Ganesh Dutt's son Sandeep Dutt, namely, Manish Kumar (PW-3) took to his heels while the other son Mukesh hid himself. Deceased Ganesh Dutt died on the spot while his wife Smt. Janki Devi and son Sandeep were seriously injured. The Gram Pradhan was called and the injured were kept in the Varanda of Ganesh Dutt's house, but they also died during the same night.

Eight witnesses were examined to further the prosecution version, while accused persons who pleaded innocence, examined one witness. Bhopal Dutta (PW-2) and Manish, the child witness (PW-3) were claimed to be eye-witnesses. Though Pooran (PW-1) the informant partially resiled from his statement made during investigation he confirmed having lodged the FIR.

Therefore, this appears to be a case where Section 304 Part I would be the applicable provision. The conviction is altered accordingly. Ten years custodial sentence would meet the ends of justice.

Therefore, this appears to be a case where Section 304 Part I would be the applicable provision. The conviction is altered accordingly. Ten years custodial sentence would meet the ends of justice.

The appeal is allowed to the aforesaid extent.