SATENDRA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE appellant Satendra Singh stand convicted and sentenced to undergo imprisonment for life under section 302 LPC. and three years rigorous impris­onment and a fine of Rs. 5000/- under section 307 LPC., per judgement 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, PS. 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.) IN order to bring home guilt to the appellant and culprit Narendra Singh prosecution relied upon the evi­dence of eight witnesses. Of these wit­nesses PW1, informant Diwan Singh is not the eye witness of the occurrence. He lodged FI.R., Ex.Ka.l, on the infor- mation of Manbar Singh.