ANIL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this Appeal, the Appellant Anil Singh has called in question his conviction under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "the Penal Code" for brevity) and sentence of imprisonment for life and to pay a fine of Rs.20,000.00, in default to pay the fine, to undergo simple imprisonment of one more year, recorded by the learned Sessions Judge, Pauri Garhwal, on 9/1/2014 in Sessions Trial No. 36 of 2011 State vs. Anil Singh.

(2.) The case of the prosecution, in brief, is that Neeraj Kumar (PW1) produced a written report (Ext.Ka-1) on 28/7/2011 to the Deputy Revenue Inspector, Vichladhangu, Jaakhnikhall, to the effect that his brother Dheeraj Lal, the deceased, was called by Devi Singh (PW2) of village Amkholi from the Mobile No. 8650641409 at 11:34 AM from the village Amkholie. Later on, Neeraj Kumar and his uncle Dinesh Kumar got information from the Head of the Gram Sabha from the Deepa Rawat (PW8) that there has been a fight in the village Amkholi. Neeraj and his uncle reached to the place of fight, and they found the dead body of Dheeraj Lal with the bullet injuries on it. Devi Singh told them that Anil Singh Rawat (the Appellant) s/o of Govind Singh of the same village has shot Dheeraj Lal awith with a gun which belongs to Man Singh (PW12).

(3.) On the basis of the First Information Report produced on 28/7/2011 at 10:30 P.M., a Criminal Case was registered by making chick FIR (Ext. Ka-7). The fact was also entered in the General Diary (Ext.Ka-8). Thereafter, the Investigating Officer took of the investigation of the case. He visited the spot, prepared Site Plan and held inquest on the dead body of the deceased and made the Inquest Report (Ext.Ka-10). The dead body was sent for Postmortem Examination. He further reexamined the complainant and other witnesses including the eyewitnesses and formal witnesses. Seized the gun and (Khokha) empty cartridge. These material objects were sent for ballistic expert's opinion and he arrested the Appellant. After completion of the investigation, he submitted the charge-sheet. The Ballistic Test Report has been exhibited as Ext. Ka-24, Ext.Ka -25 and Ext.Ka-26.