MAN SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS revision, is directed against the judgment and order dated 30.05.1992, passed bys Special Judge/Additional Sessions Judge, Nainital, in Sessions Trial No. 368 of 1989, whereby said court has acquitted the respondents No. 1 to 6, namely Gurbachan Singh, Santokh Singh, Sailendra Singh, Subeg Singh, Manjeet Singh and Daljeet Singh from the charge of offences punishable under Sections 148, 302, 307/149 of Indian Penal Code, 1860 (for short I.P.C.).

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BRIEF facts of the case are that revisionist is a complainant, who lodged First Information Report dated 23.06.1989 (Ext. A -1), which was registered as crime No. 230 of 1989, relating to offences punishable under Sections 147, 148, 149, 307 and 302 I.P.C. against accused/respondents Gurbachan Singh, Santokh Singh, Sailendra Singh, Subeg Singh, Manjeet Singh, and Daljeet Singh. Prosecution case in brief is that complainants father Pooran Singh (one of the deceased), owned 11 bighas of land in Village Lalpur, within limits of P.S. Kiccha but about some 20 years before the date of incident (23.06.1989), he was ousted with family by accused/respondents. On 23.06.1989, said Pooran Singh along with Gurmukh Singh, Gurbaj Singh, Satnam Singh, Balbir Singh (complainant), Man Singh and Jeet Kaur came to Village Lalpur to erect their hut on the land from which they were ousted. When they made an attempt to erect their hut over the land, at about 6:00 a.m., accused respondent Gurbachan Singh, armed with BALLAM (a long rod with arrow shaped point), accused/respondent Santokh Singh and Sailendra Singh, armed with swords, accused/respondent Daljeet Singh, armed with BALLAM, came there and asked complainant and his other family members to leave the place. Accused/respondent Gurbachan Singh also came there and asked the above mentioned accused to attack the complainant and his family members. Accused/respondent attacked the complainant and his family members, on which they tried to save their lives but meanwhile accused/respondent Subeg Singh, started firing at them, from his gun. He killed Pooran Singh (father of the complainant), Gurbaj Singh and Gurmukh Singh (both brothers of complainant). All the three succumbed to the injuries. Balbir Singh and Satnam Singh also suffered injuries. In the incident accused/respondent Gurbachan Singh and his sons also suffered injuries on their side. It appears that cross cases were registered on the complaint of the rival parties. Crime No. 230 of 1989, was investigated by Station House Officer Surendra Kumar Sharma, who rushed to the spot, took the dead bodies of Pooran Singh, Gurbaj Singh and Gurmukh Singh in his possession. He prepared inquest reports and sent bodies for post mortem examination. The post mortem examination was conducted on the dead bodies of the three deceased by P.W.3 Dr. B.D. Nariyal, who prepared the post mortem reports (Ext. A -12, Ext. A -13 and Ext. A -14). Also, the injuries of the injured Balbir Singh were examined by P.W.4 Dr. A.K. Rana. Injuries on the person of Man Singh (P.W.1) - complainant, were examined by P.W.6 Dr. K.P.S. Chauhan. After interrogation of the witnesses and completion of investigation, charge -sheet (Ext. A -34) was filed by Investigating Officer against all the six accused/respondents, for their trial in respect of offences punishable under Sections 147, 148, 149, 307 and 302 I.P.C.