KASHMIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Informant Lakkha Singh gave a complaint (Ext. Ka-1) on 18.02.2004 to the Station Officer of PS Jaspur, Distt. Udham Singh Nagar, regarding the killing of his nephew Angrej Singh.

(2.) According to the informant, on 18.02.2004, at 8:00 a.m., his neighbours Kuldeep Singh, Ajmer Singh, Kashmir Singh, Balvinder Singh, Narender Singh, Jaspal Singh and Satnam Singh were widening the road in such a way that the width of their gool (a water channel for irrigation) was going to shorten. Informant's father Banta Sigh, brother Balbeer Singh, informant himself, informant's nephew Angrej Singh and Gurmail Singh refrained them (accused) from doing so. Informant and others reminded them that Panchayat has fixed 7 ft. of widening, whereas the accused persons were widening the road by 8 ft., but the accused persons did not budge. Kashmir Singh, Narender Singh were carrying guns in their hands, Balvinder Singh was carrying gandasa (a sharp edged weapon), Jagtar Singh was having country made pistol, Satnam Singh was having gun and Ajmer Singh was having country made pistol. Balvinder Singh exhorted them to kill the informant, his family members and companions. Kashmir Singh fired upon Banta Singh, Narender Singh fired upon Angrej Singh, Jagtar Singh fired indiscriminately, which hit informant, his wife Joginder Kaur, mother Swarn Kaur, Balveer and Sukhdev. They were injured by pellets. Informant's father Banta Singh and nephew Angrej Singh were brought to the hospital, where Angrej Singh was declared 'brought dead'. Banta Singh was referred to the higher center at Kashipur. The occurrence was witnessed by Hardev Singh and Harjinder Singh etc. [they were not examined by prosecution]. Incident took place on 18.02.2004, at 8:00 a.m., and the chik FIR was lodged with the PS concerned on the selfsame day, at 9:10 a.m. There appeared to be no delay in lodging the first information report.

(3.) On the basis of said first information report, which was registered as case crime no. 46/2004, under Sections 147, 148, 149, 307 and 302 IPC in PS Jaspur, District Udham Singh Nagar, the investigation began. After completion of investigation and on being satisfied with the fact that the caucused-persons committed the offences punishable under Sections 147, 148, 149, 307 and 302 IPC, Investigating Officer submitted charge-sheet (Ext. Ka-35) against the accused persons Kashmir Singh, Balvinder Singh, Narender Singh, Ajmer Singh, Kuldeep Singh, Jaspal Singh, Jagtar Singh and Satnam Singh, for the offences punishable under Sections 147, 148, 149, 307 and 302 IPC on 31.03.2004 in the Court of Magistrate having jurisdiction. Charge-sheets (Ext. Ka-39, Ext. Ka-44 and Ext. Ka-45) were also filed against accused Kashmir Singh, Narender Singh and Satnam Singh for the offence punishable under Section 25 Arms Act. Thereafter the case was committed to the Court of Sessions.