VIJAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Both these appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against the same judgment and order dated 16th January 1999, passed by Sessions Judge, Tehri Garhwal, in Sessions Trial No. 24 of 1994, whereby accused / appellants Vijai Singh, Vinod Singh and Dharam Singh have been convicted under Section 304 read with Section 34, and one punishable under under Section 201 of the Indian Penal Code, 1860 (for short I.P.C.), and each one of them is sentenced to undergo imprisonment for life (under Section 302 / 34 of I.P.C.), and rigorous imprisonment for a period of seven years (under Section 201 of I.P.C.).

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

(3.) Prosecution story, in brief, is that a first information report (Ext. A 2) was lodged with Patwari Circle Naya Jakhnidhar, District Tehri Garhwal, on 01.02.1994, at about 08:00 P.M., against accused / appellants Vijai Singh, Vinod Singh, Dharam Singh and one Gyan Singh, by P.W. 2 Kundan Lal, alleging that his nephew Devendra Dutt (deceased), a teacher, had gone to his school on 31.01.1994, at 08:00 A.M., and did not come back to his home. It was further mentioned in the first information report that on enquiry he came to know that in the evening hours (on 31.01.1994) Devendra Dutt (deceased) had gone to a roadside hotel in Jakhnidhar belonging to Gyan Singh, to have his meals, from where he came out and started urinating in front of the hotel. On this, accused / appellant Vinod Singh, a servant in said hotel, objected to it, and the two had altercation. Thereafter, Devendra Dutt came to the room of P.W. 4 Sohan Lal, where P.W. 3 Khushi Ram and P.W. 5 Dharam Dutt joined him. Meanwhile, accused / appellant Vinod Singh accompanied with accused / appellants Vijai Singh and Dharam Singh forcibly entered in the room of Sohan Lal and started beating Devendra Dutt with kicks and fists. To save himself Devendra Dutt ran out of the room. Accused / appellants Vijai Singh, Vinod Singh and Dharam Singh chased him. Accused / appellant Vinod Singh was armed with a cycle chain. They chased Devendra Dutt and came back after three hours and threatened Sohan Lal of dire consequences, if he dared to disclose about the incident to anyone. P.W. 2 Kundan Lal, in the first information report, suspected that the three accused / appellants along with Gyan Singh have committed murder of Devendra Dutt and concealed his body. Patwari Nawakot registered the report as Crime No. 01 of 1994, relating to offences punishable under Section 302 / 34 and 201 of I.P.C. against the four accused, namely Vijai Singh, Vinod Singh, Dharam Singh and Gyan Singh. (In Uttarakhand hills vide U.P. Government Notification No. 494 / VIII 418 16 dated 7th March 1916, certain revenue officials are given police powers). During investigation, on 02.02.1994, dead body of Devendra Dutt was found in a corner of sloping ground, near Jakhnidhar. The Investigating Officer (Patwari Nawakot) took the dead body in his possession, sealed it, and prepared inquest report (Ext. A 6). He further prepared sample seal, sketch of dead body (Ext. A 8), site plan (Ext. A 5) and letter to the Medical Superintendent (Ext. A 7), and got sent the dead body for postmortem examination. P.W. 1 Dr. Bhuwan Chandra Pathak conducted the postmortem examination on dead body of Devendra Dutt on 03.02.1994, and prepared autopsy report (Ext. A 1). After recording 20 ante mortem injuries, he opined in the autopsy report that cause of death was coma due to ante mortem head injury No. (xx), caused by blow of hard blunt object. After interrogating the witnesses and completing investigation, the Investigating Officer submitted charge sheet (Ext. A 10) against four accused, namely Vijai Singh, Vinod Singh, Gyan Singh and Dharam Singh, for their trial in respect of offences punishable under Section 302 / 34, 201, 457 and 120-B of I.P.C.