GYAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal law was set into motion at the instance of Manta Singh in this case. He lodged a complaint in police station Jaspur (Udham Singh Nagar) on 13.03.2003. On the basis of said complaint, a chik FIR was lodged on the same day, at 08:20 P.M., against Amrik Singh and Gyan Singh in respect of offences punishable under Sections 302, 506 / 34 of IPC.

(2.) The occurrence took place on 13.03.2003, at 06:15 P.M. The distance between the place of occurrence and the police station concerned was nine kilometers and hence, there appeared to be no delay in lodging the first information report. Accused persons namely, Amrik Singh and Gyan Singh were named in the first information report.

(3.) After investigation of the case, a charge sheet for the offences punishable under Sections 302, 506 / 34 of IPC was filed against both the accused persons namely, Amrik Singh and Gyan Singh. When the trial commenced, accused Amrik Singh was charged of the offence punishable under Section 302 of IPC. Co-accused Gyan Singh (present appellant) was charged of the offence punishable under Section 302 read with Section 34 of IPC, to which he pleaded not guilty and claimed trial. After the statements of the accused persons were recorded under Section 313 of Cr.P.C., accused Amrik Singh did not appear before the trial court and, subsequently, his case was separated vide order dated 02.08.2006. Accused Gyan Singh was heard and was convicted of the offence punishable under Section 302 read with Section 34 of IPC.