MOHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW3 Bharat Singh wrote a complaint (Ex.Ka-1) to Naib Tehsildar, Champawat against 3 accused persons, namely, Sunder Singh, Diwan Singh and Mohan Singh (present appellant) on 19.10.1996, which was registered as case crime no.1/1996 under Sections 307 IPC read with Section 109 IPC, at police station Chaurakot, Lohaghat, District Pithoragarh. The incident allegedly took place on 18.10.1996 at 8:00 PM and the same was reported at police station on 19.10.1996 at 6:00 PM. The distance between the place of incident and the police station was 8 km. Hence, there appears to be no delay in lodging FIR.

(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet was submitted against 4 accused persons, namely, Sunder Singh, Mohan Singh (appellant), Diwan Singh and Mahendra Singh for the offences punishable under Section 307 read with Section 109 IPC and Section 506(II) IPC read with Section 34 IPC.

(3.) The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge against the accused Mohan Singh was framed for the offence punishable under Section 307 IPC. Accused Diwan Singh and Sunder Singh were charged for the offence punishable under Section 307 IPC read with Section 109 IPC and accused Mahendra Singh was charged for the offences punishable under Sections 307 IPC read with Section 109 IPC and Section 506 IPC, to which they pleaded not guilty and claimed trial.