STATE OF UTTARAKHAND Vs. SHYAM SINGH

JUDGEMENT

(1.) This appeal, preferred under Section 378 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 06.01.2001, passed by Sessions Judge, Dehradun, in Sessions Trial No. 61 of 1994, whereby accused / respondents Shyam Singh and Chandar Singh are acquitted of the charge of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.).

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

(3.) Prosecution story, in brief, is that P.W. 1 Guman Singh gave a report (Ext. A ?1) at police outpost Dak Pathar, Dehradun, on 07.10.1993, at about 11:45 A.M., against accused / respondents Shyam Singh and Chandar Singh, complaining that on said day (07.10.1993) at about 09:00 A.M., complainant's father Thepru was ploughing his field in Village Dungeli. Accused / respondents Shyam Singh and Chandar Singh, both sons of Fajju, who are cousins of the complainant, came there and objected to ploughing the field by Thepru. The two accused asked Thepru (deceased) not to plough the field as litigation between them is going on in a court. Thereafter, the two accused attacked Thepru. Shyam Singh, armed with `PHALI' (ploughing blade), and Chandar Singh, armed with a rod (Danda), assaulted Thepru several times, who fell down on the ground, and succumbed to the injuries in the adjoining field of one Darshan Singh. Before the deceased succumbed to injuries, Chander Singh kicked Thepru on his legs and private parts. P.W. 1 Guman Singh (complainant) was there with his father Thepru. In the first information report (Ext. A-1) it is also mentioned that soon after the incident Ranjor Singh (son of Darshan Singh) and Bishambar Singh also came there, where after the accused / respondents Shyam Singh and Chandar Singh ran away. On the basis of said report Crime No. 61 of 1993 at the police outpost Dak Pathar, and Crime No. 368 / 61 of 1993 was registered at police station Vikas Nagar (as the outpost was part of said police station) relating to offence punishable under Section 302 of I.P.C. against accused / respondents Shyam Singh and Chandar Singh. The investigation was taken up by Sub Inspector R.S. Rawat (since deceased) who went to the spot, took the dead body in his possession, and got prepared inquest report (Ext. A ?4). The Investigating Officer further got prepared sketch of the dead body (Ext. A ?5), sample seal (Ext. A ?6), police form No. 13 (Ext. A ? 10), and letter to the Chief Medical Officer (Ext. A ?9) requesting for postmortem examination. P.W. 8 Dr. Kuldeep Dutta conducted postmortem examination on 08.10.1993, at about 03:30 P.M. He recorded as many as ten ante mortem injuries, and opined that the deceased had died of shock and haemorrhage, as a result of ante mortem injuries. The Medical Officer prepared autopsy report (Ext. A?19). The Investigating Officer interrogated the witnesses, and prepared site plan (Ext. A ?11). On completion of investigation, the Investigating Officer submitted charge sheet (Ext. A ? 16) against the two accused Shyam Singh and Chandar Singh, for their trial in respect of offence punishable under Section 302 of I.P.C.