KHEEM SINGH AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In the present criminal appeal, criminal law was set into motion at the instance of Kamla Bora daughter of Kunwar Singh, resident of village Latoora, district Almora. She wrote a complaint (Ext. Ka-1) on 18.01.2001 enumerating the facts therein that on 18.01.2001 at 8:30 am when her father Kunwar Singh had gone to respond to nature's call in his field, informant's neighbours Kheem Singh son of Sher Singh, Smt. Dhanuli Devi wife of Kheem Singh, Tara Singh, Ranjeet Singh, both sons of Kheem Singh surrounded him (Kunwar Singh) and started beating with stick (lathi) and sickle (daranti). Informant Kamla Bora's father raised an alarm. Kamla Bora along with her sister Kunti reached there and pleaded for not beating their father. Instead of refraining themselves from beating their father, accused appellants started beating Kamla and Kunti also. Daughters of the victim ran back to village. The villagers were informed. Nobody came for their help. Then Kamla Bora went to Patti Patwari, Khaingad instantly to provide the said information.

(2.) Patti Patwari Khaingad made an endorsement on the margin of complaint. When Patwari enquired about the condition of informant's father, informer replied that victim was dead.

(3.) On complaint of Kamla Bora chik FIR (Ext. Ka-4) was lodged at PS Daungad, sub-district Baramandal Almora, district Almora on 18.01.2001 at 10:30 am. Occurrence took place at 8:30 am. The distance between the place of occurrence and police station was one kilometer. There appeared to be no delay in lodging the First Information Report which was registered as crime no. 1 of 2001 under Sec. 302 read with Sec. 34 IPC. Five persons were named in the FIR. It was informed to this Court that accused-appellant no.1 Kheem Singh has died during the pendency of the appeal and therefore, the case against appellant no. 1 stands abated.