STATE OF UTTARAKHAND Vs. DHOOM SINGH

JUDGEMENT

(1.) This appeal preferred under Section 378 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 16.08.2001 passed by the Additional Sessions Judge/I Fast Track Court, Dehradun in Sessions Trial No.113 of 1995, whereby said court has acquitted the accused/respondents Dhoom Singh, Kanwar Singh and Saran Singh from the charge of offences punishable under Sections 302 read with Section 34, under Section 325 read with Section 34 and under Section 323 read with Section 34 I.P.C.

(2.) Heard learned Brief Holder for the State and learned Amicus Curiae for the accused/respondents.

(3.) Prosecution story in brief is that Rakam Singh (deceased) was real brother of accused/respondent-Dhoom Singh. Accused/respondents Kanwar Singh and Saran Singh are sons of accused Dhoom Singh. There was land dispute between two brothers, namely, Rakam Singh (deceased) and Dhoom Singh (accused/respondent no.1). On 24.02.1993 at about 09:30 p.m. in village Rasem Mazri when Rakam Singh went to his brother Dhoom Singh asking for partition of his share in the land, which was being cultivated by Dhoom Singh and his sons, the three accused/respondents armed with Dandas assaulted him and killed him. Meanwhile, P.W.2 Vidhya Devi (widow of Rakam Singh) came there and intervened on which three accused/respondents, namely, Dhoom Singh and his sons Kanwar Singh and Saran Singh assaulted her. She also suffered injuries. On the next day (25.02.1993), First Information Report (Ext.A-1) was lodged by P.W.1 Gyan Singh (one of the eyewitnesses) at about 08:30 a.m. at Police Station Doiwala, District Dehradun. On the basis of the First Information Report (Ext.A-1) Crime No.50 of 1993 was registered in respect of offences punishable under Sections 302 and 323 I.P.C. against the three accused, namely, Dhoom Singh, Kanwar Singh and Saran Singh. Investigation was taken up by P.W.9 Sub Inspector, R.S. Rana, who went to the spot took the dead body of Rakam Singh in his possession and prepared inquest report (Ext.A-5). He also got prepared other necessary papers e.g. Letter (Ext.A-9) to Chief Medical Officer requesting for post mortem examination, Police Form no.13 (Ext.A-11), Sketch of Dead Body (Ext.A-12) and Sample Seal (Ext.A-13) etc. P.W.9 Sub Inspector, R.S. Rana recovered the three Dandas used in the crime by the accused and prepared memorandum (Ext.A-6). He also prepared Site Plan (Ext.A- 7) after inspecting the spot. P.W.6 Dr. S.C. Singhal conducted post mortem examination on the dead body of Rakam Singh on 26.02.1993 at about 05:00 p.m. and prepared autopsy report (Ext.A-3) in which he recorded as many as five ante-mortem injuries and opined that deceased had died of shock and haemorrhage due to ante-mortem injuries. Meanwhile, P.W.2 Vidhya Devi, one of the eyewitnesses, who suffered injuries in the incident was medically examined by Dr. B.B. Sharma on 25.02.1993 at about 12:50 p.m. who prepared injury report (Ext.A-4) and mentioned as many as nine injuries suffered by her. After interrogating witnesses and on completion of investigation, Investigating Officer submitted chargesheet (Ext.A-15) against three accused/respondents Dhoom Singh, Kanwar Singh and Saran Singh for their trial in respect of offences punishable under Sections 302, 323 and 325 I.P.C.