SOBAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred under Section 374 Cr.P.C., is directed against the judgment and order dated 16.1.1997 passed by Sessions Judge, Nainital, in Sessions Trial No. 102 of 1993, whereby the learned Sessions Judge convicted the appellants under Section 302/34 I.P.C. and sentenced them to life imprisonment.

(2.) Prosecution story in brief is that deceased Surendra Singh, nephew of PW.1 Govind Singh (informant), was having love affairs with Km. Radhika, sister of the accused persons Soban Singh and Bhupal Singh, and because of this affairs accused persons were having grudge with the deceased Surendra Singh. On 5.7.1992 when Surendra Singh along with Km. Radhika went towards the jungle, accused Soban Singh and Bhupal Singh armed with Ballam (spear) came over there at about 10 A.M. and attacked Surendra Singh by means of Ballam. On the alarm the informant and other witnesses reached at the place of occurrence. Surendra Singh died on the spot as a result of injuries caused by the accused persons. The written report (Ext.Ka.1) of the incident was lodged at P.S. Kaladhungi by Govind Singh after getting it scribed from Rajendra Prasad. On the basis of the said written report, F.I.R. (Ext.Ka.10) was recorded at P.S. Kaladhungi on 5.7.1992 at 2.00 p.m. and entry in this regard was also made in General Diary vide Ext.Ka.11. The investigation of the case was entrusted to PW.10 Ved Prakash, who along with S.I. Ram Baran proceeded for the spot where inquest report (Ext.Ka.4) and other relevant papers i.e. sample seal (Ext.Ka.5), photo lash (Ext.Ka.6) and Police Form No.13 (Ext.Ka.7) were prepared and the body of deceased duly sealed was sent for post mortem. Bloodstained and simple earth was also collected from the spot vide Ext.Ka.8 and the statement of witnesses was recorded by the investigating officer. The I.O. prepared the site plan (Ext.Ka.12) of the place of occurrence. On 6.7.1992 the autopsy on the body of deceased Surendra Singh was conducted by Dr. P.K. Malik (PW.7). On 2.8.1992, the investigation of the case was handed over to S.I. Sri R.B. Ram (PW.9), who arrested the accused persons on 13.8.1992 and recovered the Ballam, which was used in the commission of crime, on the pointing of accused persons and prepared its recovery memo vide Ext.Ka.2. After the completion of the investigation charge sheet (Ext.Ka.14) was submitted against the accused persons.

(3.) The learned Magistrate on receipt of the charge sheet after giving necessary copies to the accused as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Sessions for trial. The learned Sessions Judge after hearing the parties framed charge of offence punishable under Section 302/34 against accused.appellants. The accused pleaded not guilty and claimed to be tried.