KULWANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 29/9/2005/3/10/2005, passed in Sessions Trial No. 105 of 1994, State Vs. Kulwant Singh and others, by the court of Additional Sessions Judge/2nd FTC, Nainital. By the impugned judgment and order, the appellants have been acquitted of the charge under Sec. 302 read with 34 and Sec. 504 read with 34 IPC. But, they have been convicted under Sec. 304 Part-II read with 34 IPC and sentenced to rigorous imprisonment for a period of five years with a fine of Rs.5,000.00 each. In default of payment of fine to undergo simple imprisonment for a further period of three months.

(2.) Facts briefly stated are as follows. On 11/11/1993, the appellants and others had borrowed a bicycle of Pritam Singh ("the informant"). When the bicycle was not returned, the informant alongwith his wife went to get their bicycle in the house of the appellants and others. The bicycle was not returned, instead the informant was abused and thrashed. Hearing the alarm, the son of the informant Gurmeet Singh came at the spot. He tried to rescue the informant. But, he was beaten up with lathi and danda by the appellants and others, due to which, Gurmeet Singh died at the spot. A report of the incident was lodged by the father of the deceased Pritam Singh, the informant on the same day at 4:10 PM. Based on which, a case under Ss. 302, 323, 504 IPC was registered. The inquest of the deceased was conducted on the same day. According to the witness to the inquest, the death occurred due to attack made by the appellants and others with lathi and danda. The post mortem of the deceased Gurmeet Singh was conducted on 12/11/1993.

(3.) After investigation, charge sheet under Ss. 302, 323 and 504 IPC was submitted against the appellants and others. On 29/7/1995, charge under Sec. 302 read with 34 and Sec. 504 read with 34 IPC was framed, to which, the appellants and co-accused denied and claimed trial.