NANDAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE appellants were put on trial for offence under Sections 302/34 of the Indian Penal Code ( "IPC " for short). The Third Additional Sessions Judge, Nainital, by his judgment and order dated 17th December, 1993 passed in Sessions trial No. 344 of 1989 held them guilty of the charge and sentenced them to suffer imprisonment for life. Aggrieved by the same, they preferred Criminal Appeal No. 1960 of 2001 and the High Court of Uttarakhand by its judgment and order dated 18th July, 2008 dismissed the appeal. This is how the appellants are before us in the present appeal with the leave of the Court.

(2.) ACCORDING to the prosecution, the deceased Mohan Singh was a Subedar in the Indian Army and had come to his village on leave. It is alleged that on 29th June, 1989, at about 8.00 a.m., while he was in his house, appellant No. 1, Nandan Singh and appellant No. 2, Pooran Singh, armed with Patal, a heavy sharp edged weapon, and appellant No. 3, Bachchey Singh, armed with Lathi came to his house and assaulted him with their respective weapons. Mohan Singh having suffered the injuries, fell unconscious. He was first taken to the Hospital and from there, P.W. 1, Shiv Raj Singh, went to Ramnagar Police Station at 11.40 a.m. and lodged the Report. On the basis of the aforesaid information, a case under Section 307 of the IPC was registered. However, Mohan Singh died on the same day. The crime was converted into one punishable under Section 302 of the IPC.

(3.) P .W. 1, P.W. 2, P.W. 3 and P.W. 4 are consistent in their evidence that while the deceased Mohan Singh had come to his home on leave, all the appellants, variously armed, came to his house and started beating him. They have specifically stated that the appellants, Nandan Singh and Pooran Singh, were armed with Patal and the appellant, Bachchey Singh, with Lathi. P.W. 3, Bachey Ram, is absolutely an independent witness and was working in the house of the deceased at the time of the incident to fix the door frame on the wall. P.W. 6, Dr. N.K. Agrarwal, who conducted the post-mortem examination, has found the following injuries on the deceased: