DARSHAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The criminal law was set into motion by Swarn Singh son of Singhara Singh by lodging an FIR in P.S. Nanakmatta on 22.08.1992 at 8:30 pm. The incident was alleged to have taken place on 22.08.1992 at 5:30 pm. The distance between the police station and the place of occurrence is 7 kms hence there appears to be no delay in lodging the FIR. According to the complainant Swarn Singh, on 22.08.1992 when he along with his father Singhara Singh, mother Veera Kaur and maternal uncle Preetam Singh were going on tractor no. UGP 1815 from Nanakmatta to their village Dhyanpur Kaithuliya and his father was driving the tractor, accused persons Pahalwan Singh, Resham Singh, Deleep Singh, Jagir Singh, Veer Singh and Darshan Singh inflicted such injuries on complainant's father Singhara Singh that he died on the spot. Elaborating the details of the incident, the complainant has mentioned in FIR that (witnesses) Pratap Singh and Gurdeep Singh were coming on bicycles.' They were behind the tractor which was being driven by Singhara Singh. It was 5:30 pm. When the tractor reached one kilometer short of their residence, they found that a bullock cart had stopped their passage on the road. As soon as the tractor stopped near the bullock cart, co-villager Pahalwan Singh son of Khan Singh appeared. He, along with other co-accused were hiding near a tree. He was having a sword in his hand. Among the other co-accused, Resham Singh son of Khan Singh was having a country made pistol, Daleep Singh son of Khan Singh was having a ballam (a sharp edged weapon), Jagir Singh son of Daleep Singh was having a country made pistol, Veer Singh son of Daleep Singh was having campa, (a sharp edged weapon) and Darshan Singh son of Arur Singh was having a country made pistol. They started hurling abuses on them and said that none of Singhara Singh's family would remain alive. Resham Singh fired with his country made pistol which hit Singhara Singh. Pahalwan Singh with his sword, Darshan Singh with his country made pistol and Veer Singh with his campa (a sharp edged weapon) inflicted blows on Singhara Singh. He fell from the tractor and died instantly. On raising alarm, all the accused persons fled away on bullock cart. The informant, his mother and maternal uncle could not dare to fight the assailants. The witnesses saw the incident. The motive to commit the crime was attributed to the fact that Singhara Singh did not permit the accused persons to construct a road and denied access to the accused through the boundaries of their fields. The said FIR was lodged under section 147, 148, 149 and 302 IPC.

(2.) After conducting investigation, the Investigating Officer submitted charge sheet for the offences punishable under sections 147,148, 149 and 302 IPC against the accused persons namely Pahalwan Singh, Resham Singh, Daleep Singh, Veer Singh, Darshan Singh and Jagir Singh. After submission of charge sheet accused Veer Singh died and therefore case against him stood abated. The charge sheets against Resham Singh and Darshan Singh were also filed under section 25 Arms Act.

(3.) The trial court framed charges against the aforesaid accused persons for the offences punishable under sections 147, 148, 302 /149 IPC. Separate charges against Resham Singh and Darshan Singh were also framed under section 25 Arms Act. All the accused pleaded not guilty to the charges framed against them and claimed trial.