RAJENDRA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated April 30, 2008 passed by the Uttarakhand High Court in Government Appeal No.1174 of 2001 (Old No.303 of 1991). By the impugned judgment, the High Court allowed the Government Appeal, set aside the judgment of acquittal rendered by the trial court, and finding the appellant guilty of the offence of murder convicted him under section 302 of the Penal Code and gave him the sentence of rigorous imprisonment for life.

(2.) The case of the prosecution is based on a written report dated July 26, 1988 submitted at Police Station Dehradun by one Vijay Singh s/o Puran Singh Rana (hereinafter referred to as "the informant"). In the written report it was stated that the informant's elder brother, namely, Kishan Singh Rana (the deceased) was a peon in the Bank of India, Rajpur Road Branch, Dehradun. He had given a pair of pants and some cloth for stitching to Rajendra Singh tailor (the appellant), whose shop is on the road just near their house. The appellant did not return the stitched clothes even after several days and on the evening prior to the date of occurrence, there was a quarrel between the informant's brother and the appellant on that issue. On July 26, 1988 (the date of occurrence) the informant's brother had gone to the bank as usual on his motor cycle. He returned from the bank at about 1.00 p.m. and as he reached in front of the appellant's shop, he got down from the motor cycle as the road was broken at that point. At that instant, the appellant came out of his shop carrying a pair of scissors in his hands; hurling abuses, he came down to the road and attacked the informant's brother with the scissors with the intent to kill him. In order to save his life, Kishan Singh Rana ran down the road but the appellant chased him and caught him after some distance in front of Chintamani's house. At that spot he gave the informant's brother many blows by the scissors, one after the other. Kishan Singh Rana fell down bleeding on the road. It was further stated in the written report that besides the informant, Makhan Singh (PW.2), Laxman (Motor) Auto Mechanic (not examined) and his sister-in-law, Deepa (the wife of the deceased PW.3) and many other persons and women of the area witnessed the occurrence. After assaulting the deceased, the appellant fled away from there. It was further stated in the written report that Makhan Singh took the informant's brother to Dun Hospital, where he was declared brought dead. The written report concluded with the request to take legal action against the appellant.

(3.) The written report submitted by Vijay Singh was incorporated in the first information report (report No.230) giving rise to criminal case No.483/88/-under section 302 IPC, P.S. Dehradun.