KALYAN SINGH Vs. STATE

JUDGEMENT

(1.) AT the outset, it is pertinent to mention that during the pendency of appeal, appellant Kalyan Singh breathed his last, so his appeal stood abated vide order dated 13.6.2012 passed by this Court. As such, now only the appellant/accused Sher Singh is before this Court.

(2.) HEARD Sri B.S. Parihar, Advocate for the appellant Sher Singh and Sri Vinod Sharma, Deputy Advocate General (Criminal) for the State as well as perused the entire material available on record.

(3.) THE reporter thereafter went to headquarter of Patwari where he was advised to take the injured for the medical treatment. (In the rural areas of the State of Uttarakhand, the Patwari, Naib Tehsildar and revenue officials have been vested with the police power). Soon thereafter, the injured was taken to Primary Health Center, Lohaghat at 3:30 AM of the fateful intervening night, where after extending the primary treatment by the doctor, present over there, the injured was referred to higher center at Champawat. The injured was then brought at Champawat where he was properly treated and injury report dated 19.4.1991 at 10:30 AM was prepared. Injury report prepared at PHC, Lohaghat is Ex.A-7 whereas the same prepared at Champawat is Ex.A-6. The Investigating Officer took the bloodstained clothes of the injured in his possession and prepared recovery memo of the same which is on record. The I.O. also inspected the place of occurrence and prepared the site plan, which is Ex.A-4. After completion of investigation, a chargesheet was filed against the accused, which is Ex.A-5.