ATMA SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 31.08.2000, passed by Additional Sessions Judge, Nainital, in Sessions Trial No. 1 of 1993, whereby said court has acquitted the respondent Sukhdev Singh, Balbir Singh and Gurmej Singh on the charge of offences punishable under Section 302/34 of I.P.C.

(2.) Heard learned Counsel for the parties and perused the Lower Court Record.

(3.) Prosecution story in brief is that on 06.03.1992, Milkha Singh(deceased) returned late to his house. Complainant Atma Singh (PW1) and Amar Singh (PW2) had gone at about 8.30 to the house of Milkha Singh to see as to whether Milkha Singh has come back to his house or not. At about 9 p.m on 06.03.1992 accused respondents Sukhdev Singh, Balbir Singh and Gurmej Singh came to the house of Milkha Singh, dragged him from this house in the village Mahuwa Dali within the limits of Police Station Bazpur, whereafter accused respondent Sukhdev Singh fired a shot at Milkha Singh, who suffered injury and succumbed to the same. On the next day i.e. 07.03.1992 at about 7.50 a.m. Atma Singh (PW1) lodged First Information Report (exhibit A1) at Police Station Bazpur, which was registered as crime No. 90 of 1992. PW4 Sub Inspector N.S.Tyagi look up the investigation. He got the dead body of the deceased sealed and prepared inquest report. He also got prepared other necessary papers and sent the body for post mortem examination. Dr. R.S.Gupta (PW5) conducted post mortem examination on the dead body of Milkha Singh on 07.03.1992 and observed following injury in the post mortem report: "Single aperture with irregular and lacerated edges, size 5 c.m diameter with blackening and tattooing present around the injury at sternum in the level of 3rd and 4th enter castle space, no wound of exit seen."