RAKESH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW 1 Pushkar Singh wrote a complaint (Ext. Ka-1) on 17.01.2005 to Inspector-in-Charge, Kotwali Khatima, Udham Singh Nagar regarding killing of his son Khadak Singh. It was stated that on 14.01.2005, informant's son Khadak Singh was married to Pushpa, whose family members (parents etc.) were not happy with the said marriage. On 17.01.2005, at 5:30 a.m., when Khadak Singh and Pushpa were sleeping, Pushpa's brother Rakesh Singh, trespassed into PW 1's house. Rakesh carried hansia (sickle) and another armament (firearm) in his hands.

(2.) On the basis of such first information report, the investigation began. PW 11 Inspector D.C.S.Rawat conducted inquest, inspected the place of occurrence, prepared site plan, sent the dead body for postmortem, took the statement of complainant Pushkar Singh, recorded statements of other witnesses and finally on being satisfied that the accused-appellant has committed the offence, submitted charge-sheets against the accused Rakesh Singh in relation to the offences punishable under Sections 302, 307 and 506 IPC and also under Section 25 Arms Act.

(3.) When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 302, 307, 506 IPC and Section 25 Arms Act were framed against the accused -appellant, to which he pleaded not guilty and claimed trial. As many as 14 prosecution witnesses, namely, PW 1 Pushkar Singh, PW Smt. Madhvi Singh, PW 3 Smt. Pushpa, PW 4 Dr. P.C. Pande, PW 5 Rajkumar Singh, PW 6 Chattar Singh, PW 7 Dr. A.M. Raturi, PW 8 M.S.Sawant, PW 9 Anoop Singh, PW 10 Nain Ram, PW 11 Investigating Officer D.C.S. Rawat, PW 12 J.S.Garbiyal, PW 13 Roshan Lal and PW 14 Radheyshyam Sharma were examined on behalf of prosecution.