BALAM SINGH @ PAPPU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Jail Appeal arises out against the judgment and order dated 8 -1 -2004, passed by Sessions Judge, Almora, in S.T. No. 4 of 2001, State vs. Balam Singh @ Pappu and S.T. No. 5 of 2001, State v. Balam Singh @ Pappu, whereby the accused Balam Singh @ Pappu was convicted Under Section s 302, 201 I.P.C. and Section 25/27 Arms Act and he was sentenced to undergo life imprisonment Under Section 302 I.P.C. and two years R.I. Under Section 201 I.P.C. and three years R.I. Under Section 25/27 Arms Act.

(2.) BRIEF facts of the prosecution case are that the accused Balam Singh @ Pappu and the deceased Puran Chandra were shopkeepers. Their shops are situated within Patwari Circle Tarikhet, Tehsil Ranikhet. Accused Balam Singh, on account of some dues fired upon deceased Puran Chandra from country made pistol, at the door step of his own shop on 30 -10 -2000 between 8 8.30 P.M. The occurrence was witnessed by Mohan Ram, Shyam Singh and few others of the nearby locality. The witnesses left the place of occurrence in order to inform the other persons. Mohan Ram etc. informed the brother of deceased Shankar Lal and when they returned, they found the dead body as well as the accused missing from the spot. The after they started searching the dead (sic) and in the next morning at about 5.30 A.M. the dead body of Puran Chandra was found lying on the kuchcha road near Prem Vidyalaya Tarikhet. Shankar Lal, brother of the deceased, prepared written report, Ext. Ka.2 and handed it over to Patwari of the Circle. On the basis of written report, Patwari prepared chick F.I.R. Ext. Ka.4, registered a case Under Section 302 I.P.C. against the accused in crime No. 2/2000, recorded the statement of Shankar Lai and appointed panchas and prepared inquest report Ext. Ka.1. He sealed the dead body, prepared the necessary paper Ext. Ka.5 and Ka.6 and sent the dead body for post mortem. The I.O. also took into possession the blood -stained clothes of the deceased and prepared memo Ext. Ka.7. He also prepared site -plan of the place of recovery of dead body, Ext. Ka.11. He also took into possession the blood -stained and sample earth from that place vide memo Ext. Ka.8. He then went at the place of occurrence and seized blood -stained and plain earth there also and prepared recovery memo Ext. Ka.9. He also prepared site plan of the place of occurrence, Ext. Ka.10. Thereafter further investigation was handed over to another Patwari Sri Devendra Singh Adhikari, but he has done nothing.

(3.) LACERATED wound over lower eye -lid of left eye measuring 2cm x 0.5cm x skin deep.