GOPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal preferred by Special Leave, the appellant calls in question the legal substantiality of the judgment of conviction and order of sentence dated 15.3.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 137 of 2001 whereby the learned Single Judge has set aside the conviction under Sections 307 and 380 of the Indian Penal Code (for short "the IPC") but maintained the conviction and sentence under Section 324 of the IPC passed by the learned Sessions Judge, Almora in Sessions Trial No. 24 of 1994.

(3.) The facts which are essential to be stated for adjudication of this appeal are that an FIR was lodged by Prem Singh, PW-2, alleging that about 9.00 p.m. on 20.10.1992, on hearing a gunshot sound and simultaneously the cry of his brother, Gopal Singh, PW-1, that he was being assaulted and his life was in danger, he rushed to the shop of Gopal Singh and found that accused Gopal Singh and his brother Puran Singh were beating him with hands, fists and stones. He saw Har Singh, the father of the assailants, standing outside the shop along with two unknown persons. It was alleged that Narain Singh, PW-3, son of Prem Singh, had sustained a gunshot injury. The informant and his nephew, Surendra Singh, took the injured Gopal Singh and Narain Singh to Ranikhet Hospital. It was further alleged that the accused persons had took away Rs.25,000/- from the shop of PW-1 and Rs.1200/- from his pocket. Be it noted that after taking the injured persons to the hospital for treatment, an FIR was lodged with the Patwari, Bilekh. After the criminal law was set in motion, the Investigating Officer recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, prepared the site plan, Ext.-7, recovered the pellets, seized the blood-stained clothes of the injured persons and got them examined by the doctor, PW-4, and, eventually, on completion of investigation, placed the charge-sheet for the offences punishable under Sections 147, 148, 452, 307 and 395 of the IPC before the learned Magistrate who, in turn, committed the matter to the Court of Session.