STATE Vs. TRILOK SINGH

JUDGEMENT

(1.) THE State has filed the present appeal challenging the judgment and order dated 13.11.1998 passed by the District and Sessions Judge, Nainital in Sessions Trial No. 67 of 1995 acquitting the Respondents (for short the accused) of the charges framed against them. Accused Trilok Singh was made to face trial under Section 302 of the I.P.C. while Ranjeet Singh and Madho Singh were tried under Section 302 read with Section 34 of the I.P.C. with the allegation that they had committed the murder of Meghshyam Singh Bohra, the owner of Ranjana Hotel, Mall Road Almora.

(2.) THE process of criminal law was set in motion at the instance of Piyush Chandra Mall (PW -1) by submitting written application Ex. Ka -1. According to him on 11.08.1994 he alongwith Rajendra Singh Bisht and Meghshyam Singh Bohra (deceased) were going from Haldwani to Almora in a jeep -bearing No. UP 01/0145. At about 9:30 p.m. when they reached near Kakrighat, due to breakdown of jeep, balance of the jeep got disturbed and it struck against the rock. Resultantly the tyre of the jeep got burst and its rim also got damaged; therefore, they could not proceed further. All the three occupants of the jeep got down to change the stepney, however, they found that stepney had fallen down somewhere on the way. Meghshyam Singh went in search of the stepney towards Khairana while complainant Rajendra Singh went towards the village to arrange for some source of light. They arranged for a burning torch (Mashal) and also went towards Khairana side. When they reached near the shop of accused Trilok Singh, who was running a shop near Kakrighat and found that accused Trilok Singh, Ranjeet Singh and Madho Singh were assaulting Meghshyam Singh. Ranjeet Singh and Madho Singh had caught hold of Meghshyam Singh while Trilok Singh was causing injury with a sharp edged weapon on his person. Out of fear both Rajendra Singh Bisht and Piyush Chandra Mall did not go near them and ran away towards Almora. Thereafter they also left the spot by taking lift in a truck. Rajendra Singh went to inform the family members of Meghshyam Singh while Piyush Chandra Mall went to Almora to inform the police at Kotwali Almora. It is stated that he could not give correct facts at that time as he was perplexed and was under mental tension. The trial court has referred to the said statement of Piyush Chandra Mall which he had made in Kotwali Almora at about 2:30 a.m. which is reproduced below:

(3.) AFTER completion of investigation, final report under Section 173 Code of Criminal Procedure was put in the Court, for trial. The accused -Appellants were charge sheeted for commission of crime under Section 302/34 of the I.P.C. to which they pleaded not guilty and claimed trial.