VICHITRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against judgment and order dated 31.08.1999, passed by Sessions Judge, Nainital, in Sessions Trial No. 614 of 1995, whereby said court has convicted accused/appellants Vichitra Singh, and Lakhveer Singh @ Lakhvinder under section 302 read with section 34 of Indian Penal Code, 1860 (for short I.P.C.), and sentenced each one of them to rigorous imprisonment for life and also directed to pay fine of ` 5,000/-

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that P.W.1 Kulwant Kaur (complainant) lodged oral first information report (for short F.I.R.) at 8:00 a.m., at Police outpost ITI, within the limits of Police Station Kashipur. (Earlier Tehsil Kashipur was part of District Nainital). On the basis of said oral report crime no. 719 of 1994, was registered against accused/appellants Vichitra Singh, Lakhveer Singh @ Lakhvinder, and two others namely Gurdeep Singh and Gurdev Singh, relating to offence punishable under section 302 IPC. It is mentioned in the check report (Ex. A1) that Kulwant Kaur gave oral report that accused/appellant Vichitra Singh had enmity with his brother Sajjan Singh (deceased). Kulwant Kaur is widow of the deceased. On 04.10.1994, Sajjan Singh had gone with his son Baldev Singh (P.W.3) aged 12 years in the field of paddy to irrigate the field. At about 7:00 a.m., Kulwant Kaur heard alarm raised by her son Baldev Singh, on which she alongwith P.W.2 Sukkha Singh (nephew of the complainant) ran to the spot and saw Vichitra Singh (accused/appellant), Lakhveer Singh @ Lakhvinder (since deceased), Gurdeep Singh, and Gurdev Singh (both acquitted) armed with sharp edged weapons assaulting her husband. She further told the police that her husband has been murdered, and his dead body is lying at the spot. P.W.6 Incharge Inspector Ram Singh, took over the investigation of the case. P.W.5 Sub- Inspector Umed Ali, went to the spot, took dead body of the Sajjan Singh, and prepared inquest report (Ex. A3) at about 9:00 a.m.. He further prepared sketch of the dead body (Ex. A5), police form no. 13 (Ex. A6), sample seal (Ex. A7), and letter to Chief Medical Officer (Ex. A4). The dead body was sent in a sealed condition for post mortem examination. P.W4 Dr. Shamim Ahmad, conducted post-mortem examination on the dead body of Sajjan Singh on the very day i.e. 04.10.1994, at about 4:30 p.m.. He recorded as many as 12 incised wounds as ante-mortem injuries in the autopsy report (Ex. A2). The Medical Officer opined that deceased had died due to hemorrhage and shock as a result of ante-mortem injuries. The Investigating Officer appears to have inspected the spot prepared site plan (Ex. A11),and interrogated the witnesses. On completion of investigation, charge sheet (Ex. A13) was filed by the Investigating Officer against accused/appellants Vichitra Singh, Lakhveer Singh @ Lakhvinder, and two others namely Gurdeep Singh and Gurdev Singh for their trial in respect of charge of offence punishable under section 302 IPC.