MOHABATH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Pw1 Saahab Singh wrote a complaint (Ex.Ka-1) to the Incharge Kotwali, Rudrapur, District Udham Singh Nagar on 09.12.1998, which was registered as case crime no.1376/1998 at Police Station Rudrapur for the offences punishable under Sections 302 / 307 IPC. Mohabath Singh (appellant herein), Amarjeet Singh, Malook Singh and Kuldeep Singh were named in the FIR.

(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet (Ex.Ka-5) was submitted against the accused persons, namely, Mohabath Singh (appellant), Amarjeet Singh, Malook Singh and Kuldeep Singh for the offences punishable under Sections 302 / 307 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charges against Mohabath Singh (appellant-accused), Amarjeet Singh, Malook Singh and Kuldeep Singh were framed for the offences punishable under Section 302 IPC read with Section 34 IPC and Section 307 IPC read with Section 34 IPC.

(3.) Pw1 Saahab Singh, PW2 Smt. Mahendra Kaur, PW3 Harbhajan Singh, PW4 Dr. M. S. Sharma, PW5 Vinod Kumar Sharma, PW6 K. C. Pundir, PW7 Vikram Singh and PW8 Virendra Singh Raghav were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.