KAKKA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Since, in both these appeals common set of facts are involved, therefore, for the sake of convenience, both are consolidated and are being decided together by a common judgment. Criminal Appeal No.155 of 2004 shall be the leading appeal.

(2.) A First Information Report was lodged at 7:30 p.m. on 16.10.2000 with Kotwali Police Station Khatima, District Udham Singh Nagar. This First Information Report was lodged by Suchha Singh, brother-in-law of the victim. It was alleged in the First Information Report that he alongwith his wife-Sillo Kaur had gone to his in-laws'' house two days before the incident. His brother-in-law, the victim, had an enmity with his cousins, namely, Kakka alias Kakkan Singh, Phumman Singh, Nahar Singh and Bhanta Singh regarding partition of land. On 16.10.2000, when Surjeet Singh, after sowing Barseem (a type of green grass for feeding cattle) in his field and after passing through the house of the accused reached at his house at about 5:30 p.m., accused Kakka alias Kakkan Singh and Phumman Singh, armed with TAMANCHA (country made pistol) and Nahar Singh, armed with Ballam (lance, a thrusting weapon with a long wooden shaft and a sharp metal head) and Bhanta Singh with empty hands, came there and Bhanta Singh and Nahar Singh asked Kakka alias Kakkan Singh and Phumman Singh to kill Surjeet Singh, as Surjeet Singh wanted to grab their land and had broken the boundary of their field that day at the time of sowing Barseem. Kakka@ Kakkan Singh fired at Surjeet Singh from country made pistol. When his mother-in-law, Nanki tried to save her son, Phumman Singh and Kakkan Singh, both fired from their country made pistols, which hit Nanki. Surjeet Singh and Nanki Kaur, after getting injured by firearms, fell down and died on the spot. On the basis of First Information Report, a Chik Report was prepared by the Police Station, Sitarganj, and a Crime No.514 of 2000 was registered against Kakka alias Kakkan Singh, Phumman Singh, Nahar Singh and Bhanta Singh relating to offence punishable under Section 302/34 I.P.C. and under Section 25 Arms Act. Investigation of the case was entrusted to Inspector Prahlad Singh Yadav, who during investigation on 20.10.2000 at 18:20 hrs., arrested accused Phumman Singh and Kakka Singh, and on their pointing out, recovered country made pistols, used in the crime and prepared Recovery Memo. Against accused Phumman Singh and Kakkan Singh, a separate criminal case was registered under Section 25 Arms Act, 1959. The Inquest Reports of the dead bodies of the deceased Surjeet Singh and Nanki Kaur were prepared and the same were sent for post mortem examination. Dr. T.C. Pant (P.W.5) conducted post mortem examination on the dead bodies of deceased Surjeet Singh and Nanki Kaur on 17.10.2000, and thereafter, prepared Autopsy Reports. The Medical Officer opined that deceased Surjeet Singh and Nanki Kaur had died of shock and haemorrhage due to ante-mortem injuries. The Investigating Officer interrogated the witnesses and recorded their statements and after investigation filed charge sheets.

(3.) The Magistrate, on receipt of the charge sheets, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the Court of Sessions for trial. On 01.05.2002, learned Addl. Sessions Judge/ Ist F.T.C. Rudrapur, Udham Singh Nagar, after hearing the parties, framed charge of offences punishable under Section 302 read with Section 34 against accused Kakka Singh alias Kakkan Singh, Phumman Singh, Nahar Singh and Banta Singh alias Bhanta Singh. Accused Kakka Singh alias Kakkan Singh and Phumman Singh were further charged of offence punishable under Section 25 Arms Act. Appellants pleaded not guilty and claimed to be tried.