CHANCHAL SINGH Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) Both these criminal appeal and the criminal revision are directed against the judgment and order dated 7.10.2003/8.10.2003, passed by the Sessions Judge, Bageshwar in Sessions Trial No. 14/2002, whereby said court has convicted the Appellant Chanchal Singh under Section 302 and 307 IPC. He has been sentenced to imprisonment for life and directed to pay fine of ' 5,000/- under Section 302 IPC, and rigorous imprisonment for a period of ten years and directed to pay fine of ' 5,000/- under Section 307 IPC. The Respondents No. 1 to 4 in the revision have been acquitted of the charge by the trial court.

(2.) Heard learned Counsel for the parties and also perused the trial court record.

(3.) Prosecution story, in brief, is that on 11.4.2002, at about 7.30 pm, in village Gorkhet, within the limits of Patwari Circle Bastoli in District Bageshwar, Kailash Singh (deceased) was returning to his home, when accused Appellant Chanchal Singh, armed with BARIYATH (heavy sharp edged weapon), along with other Respondents No. 1 to 4 (in the revision) assaulted him. When PW3 Basanti Devi (mother of the deceased) intervened, she was also assaulted by the accused Appellant Chanchal Singh with the same weapon. Both suffered injuries. Kailash Singh died on the spot. PW4 Keshari Devi, a neighbour of the deceased, also witnessed the incident. First Information Report (Ex. A-1) was got scribed through PW1 Anand Singh and given to the Patwari of the area (In certain hilly areas of Uttarakhand, revenue officials have been given the police powers). On the basis of the said First Information Report, Crime No. 4/2002 was registered by the Patwari, Bastoli in the intervening night of 11.4.2002 and 12.4.2002 at 00.10 hours, and a check report (Ex. A-5) was prepared, and necessary entry was made in the general diary.