STATE OF UTTARAKHAND Vs. HARBANS SINGH @ BANSI S/O BACHAN SINGH; SUKHVINDER SINGH @ SUKHHA S/O HARBANSH SINGH @ BANSI AND ORS

JUDGEMENT

(1.) All the above four government appeals filed by the State and three criminal revisions filed by the complainant are directed against judgment and order dated 06.11.2007, passed by learned Sessions Judge, Udham Singh Nagar in Sessions Trial No. 217 of 2002, Sessions Trial No. 218 of 2002, Sessions Trial No. 220 of 2002 and Sessions Trial No. 222 of 2002 whereby said court has acquitted the accused/respondents Harbansh Singh @ Bansi, Sukhwinder Singh @ Sukhha, Ranjeet Singh @ Rana and Harjinder Singh from the charge of offences punishable under section 147, 148 and 302 read with section 149 of I.P.C. Accused/respondents Sukhwinder Singh @ Sukkha, Ranjeet Singh @ Rana and Harjinder Singh have been acquitted also from the charge of offence punishable under section 4/25 of Arms Act, 1959.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story in brief is that before the incident in question Kuldeep Singh @ Deepa was murdered, in which Sumer (complainant of the present case), Lalla, Pyare (deceased in the present case) and one Rakesh Pandit were named accused. They were on bail. They used to earn their livelihood by selling milk. On 30.03.2002 Pyare (deceased) alongwith his brother PW1 Sumer (complainant and present revisionist) had gone to deliver milk to the customers. At about 8.00 am, when the two were returning from Awas Vikas Colony of Kichha, near culvert of Bengali Colony accused/respondents Harbansh Singh @ Bansi with his son Sukhwinder Singh @ Sukhha, Ranjeet Singh @ Rana, Amrik Singh (juvenile), Harjinder Singh and Surjeet Singh (juvenile), all armed with sword and PATAL (heavy sharp edged weapon) surrounded Pyare and assaulted and killed him. Prosecution case is that PW1 Sumer (complainant/revisionist) ran away from the scene of incident on his bicycle. He got dictated First Information Report (Ex-A1) through one Vishwajeet Shukla and gave the same at Police Station Kichha on the very day (30.03.2002) at about 8.45 am, on the basis of which Crime No. 197 of 2002 was registered against the six named accused in respect of offences punishable under section 147, 148, 149 and 302 of I.P.C. The investigation was taken up by PW6 Sub Inspector Somveer Singh, who went to the spot, took the dead body of the deceased in his possession, and got inquest report (Ex-A4) prepared. The Investigating agency further prepared the other necessary papers like police form No. 13 (Ex-A6), sketch of the dead body (Ex-A7) and letter (Ex-A8) to Chief Medical Officer, requesting for post mortem examination. The dead body was sent in a sealed condition for post mortem examination. PW3 Dr. M.S.Sharma, who conducted the post mortem examination on the dead body of Pyare on 30.03.2002 and observed as many as eleven incised wounds as ante mortem injuries. He (PW3) prepared autopsy report (Ex-A3) and opined that deceased had died due to shock and haemorrhage as a result of ante mortem injuries. After interrogating the witnesses, the Investigating Officer recovered a weapon used in the crime on pointing out of the accused and separate crime numbers were registered relating to offence punishable under section 4/25 of Arms Act, against accused Sukhwinder Singh @ Sukhha, Ranjeet Singh @ Rana, Harjinder Singh. The said cases were investigated by PW10 Sub Inspector Ganga Sahay Satsangi and PW8 Sub Inspector Dilip Singh. All the three Investigating Officers, on completion of investigation submitted charge sheets against the accused. The case of two juvenile Amrik Singh and Surjeet Singh were separated and sent to Juvenile Justice Board. The cases in respect of other accused were committed to the court of Sessions by the Magistrate. Sessions Trial No. 217 of 2002 arose out of the main case pertaining to murder of Pyare, and other Sessions Trial Nos. 218 of 2002, 220 of 2002 and 222 of 2002 arose out of the cases registered in respect of offence punishable under section 4/25 of Arms Act.