MAHIPAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ONE Balbir Singh s/o Bhupal Singh r/o village Lasi, Police Station and District Chamoli wrote a complaint to Station Officer, Police Station Chamoli on 06.04.2003, regarding the killing of Avtar Singh by Mahipal Singh and Jodh Singh. Balbir Singh lodged the report on being informed about the incident to him by one Hukam Singh, who was charge sheeted (as an accused) after the investigation.

(2.) ON 06.04.2003, PW 2 Hukam Singh s/o Moli Singh r/o village Lasi told DW 1 Balbir Singh that on 05.04.2003, at ' 10:30 P.M., Mahipal Singh s/o Gaje Singh and Jodh Singh s/o Digpal Singh beat Avtar Singh alias Guddu s/o Bhupal Singh with sticks. DW 2 Hukam Singh tried to intervene, but Mahipal Singh and Jodh Singh beat him (DW 2) also and threw DW 2 in the bush. DW 2 Hukam Singh sustained injuries in the scuffle. When DW 2 Hukam Singh came back to the place where Autar Singh was beaten up, he found that Mahipal Singh and Jodh Singh had killed Avtar Singh. The dead body, of Avtar Singh was dumped at a place situated nearby. Mahipal Singh, and Jodh Singh warned Hukam Singh not to disclose the incident to anyone, or else, he should face the consequences. On the basis of said complaint, chik FIR (Ext. Ka -3) was registered in Police Station Chamoli on 06.04.2003, at 03:15 P.M. The incident was alleged to have taken place on 05.04.2003 at 10:30 P.M. The distance between the place of occurrence and the police station was 10 km. hence, there appeared to be no delay in lodging the first information report. On the basis of said FIR, which was registered as Case Crime No. 51 of 2003 under Section 302 of IPC and Section 201 of IPC, investigation began. PW 8 S.I. Indra Pal Singh was assigned the task of investigating the case. On 06.04.2003, at 11:30 P.M., PW 8 S.I. Indra Pal Singh proceeded to the place of incident. When he reached the place where the dead body of the victim was lying, the people standing there informed PW 8 that the same might be the territorial jurisdiction of Patwari. Patwari disclosed to PW 8 that the case was to be investigated by regular police. On being satisfied that the investigation was to be done by the regular police, PW 8 took the dead body in his possession and prepared inquest report (Ext. Ka -7). He also prepared related papers Ext. Ka -8 and Ext. Ka -9. He sent the dead body for postmortem. PW 8 took the statements of DW 2 Hukam Singh and PW 2 Bachan Singh on 07.04.2003. He also prepared site plan (Ext. Ka -12). Investigating Officer also made a search for the named accused persons, but they were not found at their houses. On the pointing of DW 2 Hukam Singh, accused persons Mahipal Singh and Jodh Singh were arrested, arrest memos (Ext. Ka -13 and Ext. Ka -14) whereof were prepared. When the statements of accused persons were recorded, they confessed their guilt and also offered to disclose the place where the stick, by which the victim was beaten, was concealed. On 08.04.2003, PW 8 recorded the statements of Bhawan Singh and Smt. Subhaga Devi. On 09.04.2003, PW 8 recorded the statement of PW 1 Dr. R.K. Sundriyal. On 10.04.2003, accused Hukam Singh (DW 2) was arrested and the arrest memo (Ext. Ka -15) of the same was prepared. The stick used in the commission of crime was recovered on the disclosure and pointing of accused Mahipal Singh, a recovery memo (Ext. Ka -6) whereof was prepared. On 11.04.2003, Mahipal Singh was medically examined and was sent to jail. On 18.04.2003, site plan (Ext Ka -17) of the place where the dead body was found was prepared. On 20.04.2003, the statements of some witnesses were taken. On 21.04.2003, statement of PW 3 Vilok Singh and other witnesses were recorded. On 04.05.2003, PW 8 submitted charge sheet (Ext. Ka -18) against the accused persons Mahipal Singh, Jodh Singh and Hukam Singh.

(3.) WHEN the postmortem on the dead body of the deceased was conducted by PW 1 Dr. R.K. Sundriyal, he found the following ante mortem injuries on dead body of the victim: