CHANDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 10.4.2000 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No.33 of 1997, State v. Chandra Singh and others, whereby the learned Sessions Judge convicted the appellants-accused under Section 307 read with Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced them to undergo rigorous imprisonment for a period of four years with a fine of ` 1,000/- each and in default of payment of fine, six months' imprisonment was further awarded to each of them.

(2.) Heard learned counsel for the parties and perused the entire material on record.

(3.) In brief, the prosecution case is that Anand Singh Rawat lodged a report before Patti Patwari Talka, Tehsil Badalpur on 9.7.1995 stating therein that on 8.7.1995 the complainant was in his house. His one relative named Teerath Singh was also with him. The complainant had sent his son Sunil Singh for purchasing certain articles from the market. In the evening at about 07:45 PM, Hoshiyar Singh, resident of his village, informed him that the appellants-accused has caused injuries to his son by khukhri. On this information, the complainant and Teerath Singh reached at the place of occurrence and saw his son lying on road and drenched with blood. There were number of injuries on the body of his son. His son was shirtless and blood was oozing out from his body. He got admitted his son in the hospital but because of his serious condition, he was referred to Army Hospital, Lansdowne. It is further stated that the appellants-accused were bearing enmity with the complainant and his family and, with intention to kill his son, the appellants-accused caused injuries to his son and assuming him as dead, these accused persons had fled away from the spot. The complainant also found a bloodstained Khukhri at some distance from the place of occurrence. With these averments, the FIR was lodged by Anand Singh Rawat (PW2) on 9.7.1995 at 8 AM, which is Ext.Ka-1. On the basis of this report, Chik FIR of the case was prepared by Patwari Janardan Prasad, i.e. Ext.Ka-4. Necessary entries were also made in the G.D., copy of which is Ext.Ka-5. The investigation of the case was entrusted to Patwari Janardhan Prasad. (In Rural Hilly Areas of State of Uttarakhand, the Patwaris and certain Revenue Officials are being vested with police powers vide U.P. Govt. Notification No.494/VIII-418-16 dated 7.3.1916). Khukhri given by the complainant was taken into possession and a fard thereof was prepared which is Ext.Ka-2. Injured Sunil Singh was medically examined by PW5 Dr. S.P. Naithani on 8.7.1995 at 10:30 PM, who after the medical examination, prepared the injury report, i.e. Ext.Ka-3. During the course of investigation, the I.O./Patwari recorded the statement of witnesses, inspected the place of occurrence and prepared the site-plan, i.e. Ext.Ka-6 and on completion of investigation, he filed the charge sheet against the appellants-accused, which is Ext.Ka-7.