HARNAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.11.1999, passed by III Additional Sessions Judge, Nainital, in Sessions Trial No. 107 of 1994, whereby said court has convicted the appellants under section 304 part II of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of seven years.

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

(3.) Prosecution story in brief is that Pokhar Singh (S/o Harnam Singh) got married to Meeta Kaur [sister of Gurdeep Singh (deceased)]. After sometime the relations between parties to matrimony got soured. Meeta Kaur started living in her parental house. Distance between the two houses is said to be one kilometer (as mentioned in the statement of P.W. 1 Sona Singh). On 26.11.1993, at about 5:00 p.m., as disclosed in the First Information Report (Ex. A1) lodged by the complainant P.W.1 Sona Singh (uncle of Meeta Kaur), he alongwith his nephew Gurdeep Singh (deceased) and Lal Singh (not examined) was passing through near the house of appellant Harnam Singh, they were attacked by Charan Singh, Kulwant Singh (both acquitted by the trial court) and Gurmeet Singh (since died) with PATAL (heavy sharp edged weapons). Accused/appellant Harnam Singh said to have fired shot from country made pistol. Gurdeep Singh died of the incised injury suffered by him on his head in the incident.