STATE Vs. GABAR SINGH

JUDGEMENT

(1.) This Government Appeal preferred by the State under Section 378 of Cr.P.C. is directed against the judgment and order dated 8.12.1998 passed by Sessions Judge, Tehri Garhwal, in Sessions Trial No.23/1997, State v. Gabar Singh, whereby accused-respondent has been acquitted of the charge of offence punishable under Section 302 I.P.C.

(2.) Prosecution story in brief is that on 18.4.1997 at 10.00 a.m., PW-1 Chandra Singh lodged an F.I.R. (Ext.Ka.1) at Patwari Circle Paukhal with the allegations that on 17.4.1997 at about 3.00 p.m. accused Gabar Singh inflicted serious injuries on the head of his brother Rampal Singh with the intention to kill him and due to the said injuries Rampal Singh died. On the basis of the said F.I.R., Chick F.I.R. (Ext.Ka.3) was prepared by PW-7 Patwari Sri Sigrup Singh Negi by registering a case in General Diary. Thereafter Patwari (PW-7) inspected the spot and found the dead body of Rampal Singh lying on a cot in the upper room of the house. He prepared site plan, inquest memo (Ext.Ka.5), photo lash (Ext.Ka.6), letter to R.I. paper No. 12-Ka, two sample of seal i.e. one regarding rod of deckon wood and another of sealing of dead body (paper Nos.11-Ka and 11-Ka/2). The dead body of the deceased was sent to Combined Hospital for post mortem examination. On 17.4.1997 the police arrested accused Gabar Singh while he was going by bus towards Srinagar. The statements of the witnesses were recorded and after completion of the investigation, charge sheet (Ext.Ka.4) was submitted against the accused-respondent under Section 302 I.P.C. by the Patwari, P.C. Paukhal.

(3.) After submission of the charge sheet accused-respondent was committed to the court of Sessions and the learned Sessions Judge after hearing the parties framed charge of offence punishable under Section 302 I.P.C. against accused-respondent. The accused pleaded not guilty and claimed to be tried.