MAKHAN SINGH AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure.), is directed against the judgment and order dated 27.06.2003, passed by Addl. Sessions Judge/III F.T.C., Nainital in Sessions Trial No. 51 of 2000, whereby accused/Appellant Sanjay Singh is convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) in Sessions Trial No. 51 of 2000, and sentenced to imprisonment for life. He is further convicted under Section 25 of the Arms Act, 1959 (in Sessions Trial No. 52 of 2003), and sentenced to simple imprisonment for a period of six months. The other three accused/Appellants Makhan Singh alias Tara Singh, Santosh Singh (since deceased) and Kishan Singh have been convicted under Section 302 read with Section 34 of I.P.C., and each one of them has been sentenced to imprisonment for life. During the pendency of this appeal, accused/Appellant Santosh Singh are reported to have died, and therefore, appeal filed on his behalf stands abated.

(2.) HEARD Learned Counsel for the Appellants, learned Addl. Government Advocate for the State and Learned Counsel for the complainant and perused the lower court record.

(3.) THE police took the dead body in their possession, and prepared inquest report (Ext. Ka -2) and other necessary papers, and the dead body was sent in a sealed cover for postmortem examination. The postmortem examination was conducted by Dr. S. Ahmed (P.W.5) on 02.01.1999, at 11:00 A.M., who prepared autopsy report (Ext. Ka -4). The Medical Officer found three ante mortem injuries including the gunshot injury on the body of the deceased, and opined that the deceased had died of shock and hemorrhage as a result of ante mortem injuries. The investigation was taken up by P.W. 7 Station House Officer Room Singh Yadav. All the four accused/Appellants were arrested on 03.01.1999. A country made pistol of 315 bore (Ext. I) with two live cartridges (Ext. II and Ext. III) were recovered from accused/Appellant Sanjay Singh. A memorandum of recovery (Ext. Ka -3) was got prepared in the presence of the witnesses. After completing the investigation, charge sheet (Ext. Ka -16) was filed against the accused/Appellants Kishan Singh, Makhan Singh alias Tara Singh, Santosh Singh and Sanjay Singh, relating to offences punishable under Section 302 of I.P.C. A separate crime relating to offence punishable under Section 25 of the Arms Act was registered after recovery of the country made pistol from accused Sanjay Singh, which was also investigated, and a separate charge sheet (Ext. Ka -19) was filed after obtaining necessary sanction (Ext. Ka -8) from the District Magistrate, Nainital, in respect of said offence. After interrogating the witnesses, and on completion of investigation, the Investigating Officer submitted both the charge sheets (Ext. Ka -16 and Ext. K -19) against the accused Makhan Singh alias Tara Singh, Kishan Singh, Santosh Singh and Sanjay Singh, for their trial in respect of offences punishable under Section 302 of I.P.C., and one relating to offence punishable under Section 25 of the Arms Act, against accused Sanjay Singh.