DHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present criminal appeals have been filed on behalf of the appellants Dhan Singh and Pooran Singh who have been convicted by learned Sessions Judge, Pauri Garhwal on 18.12.2006 for the offence punishable under Section 302 IPC read with Section 34 IPC. Both the appellants have been awarded imprisonment for life along with a fine of Rs. 5,000/- in relation to the said offence.

(2.) Prosecution story in brief is that Informant Kumari Shobha lodged a complaint (Ext. Ka-1) on 22.07.2004 with pradhan of gaon sabha Dabrad, district Pauri Garhwal alleging that on 22.07.2004 at 12:30 pm her father Balwant Singh son of Madho Singh was killed by Pooran Singh and Dhan Singh, both sons of Gabar Singh in the courtyard (chowk) of Bhagwan Singh with a wooden flat used for sitting in villages (chaukla). Since the injury was inflicted on Balwant Singh s head therefore, victim died. The incident was seen by informant s mother and brother.

(3.) The occurrence took place on 22.07.2004 at about 12:30 pm and written report was submitted to village pradhan who forwarded the same to Patwari Circle -9 on the same day, on the basis of which chik FIR (Ext. Ka-3) was prepared on 23.07.2004 at 8:00 am at police station Lansdowne, district Pauri Garhwal. The distance between the police station and the place of occurrence was about 10 kilometers and hence there appeared to be no delay in lodging First Information Report.