SUMER @ SUMERA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An F.I.R. was lodged by Harbansh Singh s/o Bachan Singh on 19-5-2000 at 4.30 p.m. complaining that when he along with his brother Kuldeep Singh @ Deepa were returning from Rudrapur Court on 19-05- 2000 where they had gone in connection with the pairavi of a case, his neighbors Sumera, Pyara, Lalla, all sons of Moti Gadaria and Rakesh Pandit inflicted injuries with sharp edged weapons on his brother Deepa, who started bleeding. Deepa was taken to hospital but could not survive. The occurrence was witnessed by Daljit Singh and Harjinder Singh. The accused persons were armed with kanta (a sharp edged weapon). The motive attributed to murder was a dispute between the parties over a piece of land.

(2.) After conducting the investigation, the Investigating Officer submitted charge sheets against the accused persons Sumer @ Sumera, Rakesh Tewari @ Rakesh Pandit, Brijlal @ Lalla and Pyara for the offence punishable u/s 302 I.P.C. Charge sheets u/s 25 Arms Act were also submitted against accused Sumer @ Sumera & Brijlal @ Lalla.

(3.) Charges were framed by the Trial Court against the accused persons as above. They pleaded not guilty and claim to be tried. As many as 8 witnesses were produced on behalf of the prosecution. Statements of the accused u/s 313 Cr.P.C. were taken. All the accused stated that they have been falsely implicated on account of enmity. No evidence was offered in defence.