SATENDRA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE appellant Satendra Singh stand convicted an sentence to undergo imprisonment for life under section 302 I.P.C. and three years rigorous imprisonment and a fine of Rs. 5000/ - under section 1307 I.P.C., per Judgment and order dated 9 -1 -2002 passed by Sri Inderjeet Malhotra, the then Sessions Judge, Chamoli in session trial No. 21 of 1998.

(2.) BRIEFLY stated the prosecution case was that on 8 -5 -1998 marriage of sister of Dalbir Singh was scheduled to be solemnized in village Sonali of Patwari Circle, Mangrauli, P.S. Karanprayag District Chamoli. At about 8:30 p.m. when the marriage procession was at a distance of about 100 meters from the bride's house, Satendra Singh, son of Govind Singh, resident of village Paduli who was one of the member of the marriage procession pulled off the cap of Surveer Singh of the bride's side. The mischief was objected to whereupon Narendra Singh resident of village Sunai gave a fist blow to Surveer Singh and at the same time Satendra Singh gave a knife blow in the abdomen of Rajbar Singh of village Sonali. Sulabh Singh then made an attempt to rescue the said victim but he was also given knife blows on the back by Satendra Singh. The occurrence was witnessed by Jaswant Singh among others. Both the assailants Satendra Singh and Narendra Singh were however able to fled from there. The victim Rajbar Singh succumbed to his injuries at the spot itself whereas injured Sulabh Singh was shifted to hospital for medical aid and treatment. The incident was narrated to informant Diwan Singh Negi by Manbar Singh who got prepared written report, Ex. Ka. 1, and filed it with the Patwari Circle at 6 a.m. on 9.5.1998. On its basis case crime No. 3/1998 under sections 302/307 IPC was registered against the appellant and Narendra Singh.

(3.) INVESTIGATION of the case was taken up by Circle Patwari Bachan Singh (P.W.6) who reached the scene of the occurrence, recorded the statements and held inquest on the dead body of Rajbar Singh. The packed and sealed dead body was dispatched for post mortem along with inquest report, Ex.Ka.6, diagram of the dead body, Ex.Ka.7, challan report, EX.Ka.8 and relevant documents. Dr. R.N. Shah (P.W.8) conducted autopsy on the dead body of Rajbar Singh at 1.45 p.m. on 9.5.1998. The Investigating Officer then prepared the site plan of the scene of the occurrence and made search of the accused. Later on the investigation was entrusted to civil police by order of the District Magistrate, Chamoli. S.H.O. Jagdish Singh (P. W. 7) of P.S. Karanprayag then took up the investigation. On completion of the investigation he submitted charge sheet, EX.Ka.19, on 5.8.1998 against the appellant and Narendra Singh.