MUNSHA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment and order-dated 19th June 1999 passed by the Additional Sessions Judge, Nainital in Sessions Trial No. 410 of 1996, under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.) whereby accused/appellants, namely, Munsha Singh and Gurnam Singh have been convicted and sentenced to life imprisonment.

(2.) THE criminal law was set in motion on the statement of Balbir Singh, father of Paramjeet Kaur (deceased) through an application (Ex. Ka-1) submitted to Station House Officer, police station Nanakmatta, district Nainital on 28th September 1994 stating that during the previous night i.e. 27th September 1994 he along with his family was sleeping in the verandah of his house on three separate cots. Suddenly on hearing the noise of firearm shot the whole family woke up. His wife Bhajan Kaur and eldest daughter Gurmeet Kaur noticed the presence of two men near the cot lying on the north side where Paramjeet Kaur (deceased) was sleeping. THEy could identify the assailants in the light of lantern, however both the accused persons ran away noticing that the entire family had woken up. THE firearm injury was caused on the head of Paramjeet Kaur (deceased), daughter of complainant Balbir Singh. THEre was a lot of bleeding from the injury. Complainant Balbir Singh sent his daughter Gurmeet Kaur to call his brothers, Kashmir Singh and Janrail Singh and when they reached along with Gram Pradhan Hukam Singh, complainant took his injured daughter Paramjeet Kaur to Government Hospital in a tractor trolley. However, injured Paramjeet Kaur succumbed to her injuries at about 11:00 p.m.

(3.) ON completion of investigation, final report under Section 173 Cr.P.C. was put in the court for trial. The accused- appellants were charge sheeted for commission of crime under Section 302 read with Section 34 of the I.P.C. to which they pleaded not guilty and claimed trial.