GANGU SINGH ALIAS GANGA SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out against the judgment and order dated 28-6-1984 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No. 1 of 1982 convicting the accused/appellant under Section 302, I.P.C. and sentencing him to life imprisonment.

(2.) Brief facts of the prosecution case are that on 23-7-1981, Satya Prasad Bhatt of village Salda, Patti Bangarhsyun Circle No. 111 of District Pauri Garhwal sent a written report (Ex. Ka.1) to Naib Tahsildar, Pauri Garhwal stating therein that on 23-7-1981 five boys of his village, namely, Dinesh Singh, Vikram Singh, Jagdish Lal, Sajjan Singh and Promod Kumar had gone to bring mangoes in the bounds of village Charakot. In the evening one Dinesh Singh came to the village and he informed that one Pramod Kumar s/o Dayal Singh of his village was murdered by the accused Gangu Singh by means of stones. When the complainant reached at the spot he found the dead body of Promod Kumar lying at Gadhera in Charokot. As it was the season of rains so the complainant kept the aforesaid dead body in the field above the aforesaid Gadhera so that it may not be swept away in the flowing water.

(3.) On the basis of written report a Chic F.I.R. (Ex. Ka.4) was prepared and the case was registered against the accused/appellant Gangu Singh alias Ganga Singh.