LAWS(UTN)-2010-2-36

STATE Vs. BALKAR SINGH

Decided On February 26, 2010
STATE Appellant
V/S
BALKAR SINGH Respondents

JUDGEMENT

(1.) MRS . Mamta Bisht, learned AGA for the Appellant/State of Uttarakhand.

(2.) MR . J.S. Virk, learned Counsel for the Respondents.

(3.) THE prosecution case, in brief, is that on 17.01.1996 at about 4.35 p.m. Jasvinder Singh submitted a written report in Police Station - Kashipur stating that he along with his brother -in -law Baldev Singh, was going towards Kashipur on motorcycle, meanwhile, accused Balkar Singh, Satnam Singh and Preetam Singh on another motorcycle overtook and stopped them. All the accused took out country made pistols from their pocket and exhorted to kill him and not to leave him alive. On alarm being raised by Jasvinder Singh all the accused fired on the person of Baldev Singh. Baldev Singh received injury on his right shoulder and back. Due to noise of fire arm, many persons reached the spot. Meanwhile accused ran away towards village - Rampur Damman. According to the complainant, Baldev Singh and accused were having old enmity. Injured was referred to hospital where he was medically examined and X -ray was conducted. After completion of the investigation the accused were challaned under Section 307/34 to which they pleaded not guilty and claimed to be tried.