CHANDRA MOHAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4-10-2002 passed in sessions trial No. 17 of 1998 by the then Sessions Judge, Chamoli convicting the appellant under S. 302 of the I.P.C. and sentencing him to imprisonment for life and to pay a fine of Rs. 25,000.00.

(2.) The prosecution case briefly stated is that deceased-Dalbir Singh resident of village Paingarh Patti Tharali, tehsil Tharali district Chamoli went to deliver oxen at the house of his relative at 3.00 p.m. on 21-4-1997 and he was to return to his house the same day via village Harmani. While he was in Harmani appellant-Chandra Mohan Singh alias Duli had a quarrel with him at the shop of Raghuvir Singh Bhandari (P.W. 4) and after assault even gave a threat to kill him. Khushal Singh (P.W. 3) had intervened in the altercation and pacified both of them. At about 7.00 p.m. deceased-Dalbir Singh left for his home accompanied by his co-villagers Kunwar Singh (P.W. 5) and Udey Singh. They together came right up to the vicinity of Palgaon Tok, halmet of village Paingarh where after deceased parted company and moved onward his house. It is also the case of the prosecution that on 22-4-1997 at about 6.00 a.m. deceased-Dalbir Singh was seen in grievously injured state lying in a ravine (GADHERA) near culvert of village Paingarh. On getting information Smt. Radha (P.W. 2) a niece of the deceased reached there and on her query injured Dalbir Singh told her that he had been assaulted by the appellant. Dalbir Singh was taken by the villagers for medical aid but he succumbed to his injuries before reaching Rudraprayag. According to prosecution on three earlier occasions the appellant made attempts to assault the deceased by wielding 'Khukhari' and used to give threats to kill him. The deceased is also alleged to have told his family members that his life is in danger at the hands of the appellant, due to some land dispute.

(3.) With the allegations the written F.I.R. was got prepared by Smt. Sundari Devi (P.W. 1) the widow of the deceased on 23-4-1997 and it was sent to the concerned Patti Patwari through its scribe Harendra Singh Negi. Case Crime No. 1 of 1997 under S. 302 of the I.P.C. against the appellant was registered at 10.00 a.m. on 23-4-1997 vide check F.I.R. (Ext. Ka.13) and General Diary report No. 35 of the same date (Ext. Ka. 14).