SOHAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Sohan Singh, the sole appellant in Criminal Appeal No. 805 of 2004 (hereinafter referred to as the appellant) along with accused Paramjeet Singh, Mohit Raza, Pradeep and Ashwani Kumar Mittal was tried and by judgment rendered by the trial court , they were acquitted of all the charges. Against the order of acquittal, State of Uttaranchal preferred an appeal before the High Court whereas Mahendra Pratap Singh Gill (PW 5), one of the injured, filed a revision application challenging the acquittal. The High Court upheld the order of acquittal in relation to accused Mohit Raza, Pradeep and Ashwani Kumar Mittal but reversed the same with regard to the appellant and accused Paramjeet Singh who have been convicted under Sections 147, 148, 302/149 and 307 of the Penal Code and sentenced to undergo imprisonment for life. Paramjeet Singh did not move this Court whereas appellant Sohan Singh challenged his conviction which by special leave gave rise to Criminal Appeal No. 805 of 2004. The order of High Court granting acquittal to the aforesaid three accused persons has been challenged by PW 5 giving rise to Criminal Appeal No. 613 of 2005.

(2.) The short facts are that one Bholu (PW 1) servant of Ram Singh, lodged a written report on 8th October, 2002 at about 8.30 a.m. at the Jwalapur Police Station within the district of Haridwar stating therein that on that day in the morning at about 7.45 a.m. when he went to the residence of Ram Singh to resume his work, found that Ram Singh, his wife Bhajan Kaur and another servant lying dead there on their cots and three of the family members of Ram Singh, namely, his daughter Gurdeep Kaur (PW 4), sons Mahendra Pratap Singh Gill (PW 5) and Shamsher Singh Gill (PW 6) were lying there unconscious in injured condition. It was stated in the first information report that the aforesaid persons were murdered and injured by some unknown persons.

(3.) The police after registering the case inspected the place of occurrence, sent the three injured persons to the hospital and held inquest on the dead bodies of three deceased persons. During the course of investigation, the police recorded statements of injured witnesses from which it transpired that the aforesaid five accused persons including the appellant had complicity with the crime as they are said to have assaulted the injured witnesses. Later on the case was investigated by crime branch, Criminal Investigation Department. Thereafter, upon completion of investigation, charge sheet was submitted against all the accused persons, on receipt whereof, the learned Magistrate took cognizance and committed them to the Court of Sessions to face trial.