STATE OF UTTAR PRADESH Vs. KARTAR SINGH

JUDGEMENT

(1.) This appeal, preferred under section 378 (3) of Code of Criminal Procedure, 1973 is directed against the judgment and order dated 02.07.1998 passed by learned Additional Sessions Judge/ Special Judge (CBI), Nainital in Sessions Trial No. 406 of 1994 and Sessions Trial No. 407 of 1994 whereby the said court acquitted the respondents Kartar Singh and Jeet Singh of the charge of offence punishable under section 302 read with section 34 of IPC. Respondent no. 1 Kartar Singh has been further acquitted of the charge of offence punishable under section 25 of Arms Act, 1959.

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

(3.) The prosecution story, in brief, is that accused respondent no. 1 Kartar Singh said to have asked Balkar Singh (deceased) to vote and support him in an election, but deceased Balkar Singh did not oblige him. On 21.02.1994, it was a day of marriage of daughter of Hukum Singh (PW3). Balkar Singh, who was son-in- law of PW3 Hukum Singh, had also gone to attend the marriage of his sister-in-law. However, accused respondent no. 2 Jeet Singh came to village Dyodi, where the marriage was being solemnized and took Balkar Singh (deceased) with him. After about 15-20 minutes, sound of firing a shot was heard on which Kuldeep Singh (PW4), Kulwant Singh (PW5) and others, rushed towards the place of incident and found Balkar Singh lying in an injured condition with fire arm injury on his back. They enquired from Balkar Singh as to who had fired the shot at him, on which Balkar Singh (deceased) disclosed that accused respondent no. 1 Kartar Singh fired shot at him. The prosecution case is that the aforesaid two persons along with Pala Singh (PW1) took Balkar Singh (deceased) in tractor trolley to hospital where he succumbed to injuries. PW1 Pala Singh got scribed the report of the incident through Mangal Singh (PW2) and lodged the first information report (exhibit A-1) at police station Nanakmatta, District Udham Singh Nagar (earlier, police station Nanakmatta was part of District Nainital). On the basis of said report, police registered crime no. 42 of 1994 relating to offence punishable under section 307 IPC against accused respondents Kartar Singh and Jeet Singh, which was later on converted into one punishable under section 302 IPC. PW6 Sub Inspector Rishipal Singh started the investigation. Dead body of deceased Balkar Singh was taken into possession by the police on 22.02.1994 at 07.00 a.m. and inquest report (exhibit A-5) got prepared. Simultaneously, sketch of the dead body (exhibit A-6), police form 13 (exhibit A-7), sample of seal (exhibit A-8) and letter to Chief Medical Superintendent (exhibit A-9) were prepared. Dead body was sent in a sealed condition for postmortem examination. PW7 Dr. S. C. S. Koranga conducted postmortem on 22.02.1994 at about 01.30 p.m. and prepared autopsy (exhibit A-13). He recorded two ante mortem injuries on the body of Balkar Singh (deceased) and opined that deceased had died due to shock and haemorrhage on account of ante mortem injuries. After interrogating the witnesses and completion of the investigation, the Investigating Officer submitted chargesheet (exhibit A-21) against both the accused Kartar Singh and Jeet Singh for their trial in respect of offence punishable under section 302 read with 34 IPC. During the investigation, the Investigating Officer said to have recovered a fire-arm (country made pistol) from the possession of respondent no. 1 Kartar Singh and registered separate crime no. 44 of 1994 against him, which was also investigated, and chargesheet was filed against Kartar Singh, in that case, after obtaining necessary sanction (exhibit A-20) from the District Magistrate.