KULBINDER SINGH ALIAS GINDI Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 Cr.P.C., is directed against the judgment and order dated 30.4.1997 passed by IInd Additional Sessions Judge, Nainital, in Sessions Trial No. 266 of 1991, whereby accused/appellant has been convicted under Section 302 I.P.C. and sentenced to undergo life imprison­ment.

(2.) PROSECUTION story in brief is that Amar Kaur (PW-1) lodged an F.I.R. on 16.6.1991 with Police Station Jaspur, Nainital, alleging therein Lad Kaur, sister of accused Kulbinder Singh, had relations with her nephew Bachan Singh (PW-2). Her husband Gurdeep Singh made to understand Bachan Singh and he also told accused to make to understand his sister. On this, accused got angry with complainant's husband and told him that he will have to face the consequences for disreputing his sister. Due to this enmity, on 16.6.1991 at 1.30 p.m. in the night, accused Kulbinder Singh @ Gindi, his brother Charan Singh @ Channi along with an another person, entered in her house. On entering the accused in her house, when she started raising alarm, her mouth was shut with a chunni (a woman's small size upper covering) by the person accompanied with the ac­cused. On hearing the alarm, her son Fumna Singh also woke up. Meanwhile, accused Kulbinder Singh shot fire at her husband with the country-made pistol, due to which he died at the spot. When her son raised alarm, accused ran away towards southern side and accused Gindi and Channi were seen and identified by Bachan Singh (PW-2) and Hartansh Singh in the light of electric bulb. The complainant got scribed the F.I.R. (Ext.Ka.l) through Santokh Singh (PW-3), which was lodged on 16.6.1991 at 2.45 a.m. at P.S. Jaspur where crime was registered. The investigation of the case was taken up by S.I. Jagan Singh (PW-6), who inspected the place of incident and prepared site plan (Ext.Ka.6). He took bloodstained earth and simple earth, running electric bulb and chunni in his possession and prepared their recovery memos vide Ext.Ka.3, Ext.Ka.4 and Ext.Ka.7. The investigating officer also took in his possession bloodstained cush­ion and cot baan (cord of twisted grass, etc. used for bottom of beds) and pre­pared recovery memo as Ext.Ka.5. The statement of witnesses was recorded; in­quest report (Ext.Ka.2) on the dead body of the deceased was prepared and dead body was sent for post mortem examina­tion. After completion of the investigation the investigating officer (PW-6) submitted charge sheet against the accused Kulbinder Singh and Channi Singh be­fore the court of A.C.J.M., Kashipur.

(3.) IT is pertinent to mention here that accused Charan Singh @ Channi died during trial and hence case against him has been abated on 21.3.1994.