STATE OF UTTARANCHAL Vs. KEHAR SINGH AND ANOTHER

JUDGEMENT

(1.) Informant Jyoti Singh lodged an FIR against accused Kehar Singh and Rajendra Singh on 24.05.1999, at 08:30 P.M., in police station Sahaspur, Vikasnagar, which was registered as case crime no. 224 of 1999 for the offence punishable under Section 308 of IPC. The incident allegedly took place on 22.05.1999, at 08:00 P.M. The distance between the place of incident and the police station concerned was 10 kilometers and, hence, there appears to be delay in lodging the FIR.

(2.) After the investigation, charge-sheet for the selfsame offence was submitted against the accused persons. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charge for the offence punishable under Section 308 IPC read with Section 34 IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial. The allegation against the accused-respondents was that on 22.05.1999, at about 08:00 P.M., at village Rajawala, within the jurisdiction of police station Sahaspur, in furtherance of their common intention, accused Rajendra Singh caught hold of Rajpal and Kehar Singh assaulted him with lathi (stick) with such intention or knowledge and under such circumstances that if the accused persons, by that act had caused the death of Rajpal, they would have been guilty of culpable homicide not amounting to murder. They caused hurt to Rajpal and by the said act they, thereby committed an offence punishable under Section 308 IPC read with Section 34 IPC.

(3.) Pw1 Rajpal, PW2 Smt. Madhu Chaudhary, PW3 Nathi Ram, PW4 Sultan Singh, PW5 Jyoti Singh, PW6 Amar Singh and PW7 Head Constable Satya Prakash were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused-respondents Kehar Singh and Rajendra Singh were acquitted of the charge levelled against them, vide impugned judgment and order dated 14.09.2001. Aggrieved against the said judgment and order, present Government Appeal was preferred by the State.