KISHAN RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is an appeal against the judgment dated 16.04.2007 of the High Court of Uttarakhand in Criminal Appeal No. 1951 of 2001 by way of special leave under Article 136 of the Constitution.

(2.) The facts very briefly are that on 03.07.1986 Smt. Gulachi Devi lodged a First Information Report (for short 'FIR') at the Police outpost at Kotabagh. In this FIR, she alleged that her husband Suresh Chandra was working on the post of Beldar with Kumaun Jal Sansthan and on 03.07.1986 after he had returned to his quarter at about 7.00 p.m. Kishan Ram and Pani Ram came to his quarter which is inside the water works, called Suresh Chandra and took him along with them. She further stated in the FIR that her neighbour Puran Ram told her that he has heard the scream of Suresh Chandra from the side of Chilkiya Temple and she went along with Puran Ram near the Chilkiya Temple and saw that the hands and legs of Suresh Chandra were tied with rope and he was being assaulted by Kishan Ram, Pani Ram, Dev Singh, Har Ram and Chandan Singh with lathis and dandas. She also stated in the FIR that the assailants did not permit them to go near Suresh Chandra and she went running to Roorkee and gave information of the incident to Dan Singh, who is a Fitter of the Jal Sansthan, and again came along with Puran Ram and Dan Singh near the Chilkiya Temple to see Suresh Chandra, but found that Suresh Chandra had lost his breath and the assailants were standing near the dead body. She further stated in the FIR that she then went to give information of this incident to the Chowki of Patwari Halka at village Pandey, but the Patwari was not available and, therefore, she had come to lodge the FIR in the Police outpost at Kotabagh. Sub-Inspector Roop Singh Bisht proceeded to the place of incident and saw Suresh Chandra lying dead with his hands and legs tied. He could not prepare the inquest report in the night, but next morning on 04.07.1986 prepared the site plan, took the rope into possession, prepared the inquest report and sent the dead body of Suresh Chandra (hereinafter referred to as the deceased) for post mortem examination. Dr. S.C. Pant, Medical Officer, Civil Hospital, Haldwani, conducted the autopsy on the dead body of the deceased and prepared the post mortem report. On 05.07.1986, the Sub-Inspector Roop Singh Bisht entrusted the investigation to Ani Ram, a Supervisor Kanoongo, who recorded the statements of witnesses, inspected the spot, prepared the site plan and arrested Dev Singh, Chandan Singh, Kishan Ram, Pani Ram and Har Ram and after completing investigation, submitted a chargesheet against the aforesaid five accused persons as well as three others, namely, Nain Singh, Gopal Ram and Hari Ram.

(3.) All the accused pleaded not guilty and were tried. At the trial, nine witnesses were examined. The informant Gulachi Devi was examined as PW-1. Puran Ram was examined as PW-2, Dan Singh was examined as PW-6, Dr. S.C. Pant was examined as CW-1 and Ani Ram was examined as PW-8. The accused persons were examined under Section 313 of the Code of Criminal Procedure, 1973 (for short ' Code of Criminal Procedure '), but they did not examine any witness and relied on some documents. After hearing the arguments, the trial court found the accused Kishan Ram, Pani Ram, Dev Singh, Har Ram and Chandan Singh guilty of the offences under Section 147 and Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short Indian Penal Code). The trial court, however, acquitted Nain Singh, Gopal Ram and Hari Ram of all the charges. After hearing on the question of sentence, the trial court imposed the sentence of one year rigorous imprisonment for the offence punishable under Section 147, Indian Penal Code, and imprisonment for life under Section 302 /149, Indian Penal Code. Aggrieved, the five accused persons who were found guilty filed Criminal Appeals before the High Court and by the impugned judgment, the High Court has dismissed the appeals. of the five accused persons found guilty, Dev Singh and Chandan Singh have already expired and hence we are called upon to decide the appeals of only Kishan Ram, Pani Ram and Har Ram.