JOHAR SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises against the judgment and order dated 1-9-1987 passed by Sessions Judge, Almora in S.T. No. 33 of 1986, State v. Johar Singh and another convicting the accused/appellants under Sections 302/34, 307/34 and 379,1.P.C. and sentencing them to life imprisonment under Section 302/34, 7 (Seven) years' rigorous imprisonment under Section 307/34,1.P.C. and further 1 year rigorous imprisonment under Section 379 I.P.C.

(2.) Brief facts of the prosecution case are that one Dhan Singh father of the complainant Ratan Singh R/o village Udalgaon was going to Bageshwar on 8-4-1985 with Guman Singh and complainant was also accompanying them. At about 8.00 a.m. when they reached near Riyunikhet, they started waiting for the bus at the tea stall of Bahadur Singh and started taking tea. After some time, Gusain Singh, Dan Singh and Balram Singh also reached over there. At about 8.30 A.M. a car came from the side of the Bageshwar, which was being driven by an unknown person. The car stopped in front of tea stall and it could reveal that the accused/appellant Johar Singh and his companion Sunder Singh were sitting at the back seat of the car. The accused/appellant Johar Singh is the cousin of complainant Ratan Singh, as grandfather of both the persons were real brothers. A barrelled weapon came out from the window of the car and firing started. The first shot hit Balram and the second shot was fired at Guman Singh. All the persons sitting at the tea stall started running in order to save their life. The complainant also ran towards Bageshwar. Guman Singh crawled towards Gomti river which lies towards the south of the tea stall. When the complainant had run for about 30-40 yards, he saw that the accused and his associates were chasing his father having fire-arms with them. He also saw that Guman Singh was also being chased by these persons, but Guman Singh succeeded in crossing the Gomti River and hid himself behind the big boulder. Thereafter, the accused stopped chasing Guman Singh and returned. While returning, they saw Dhan Singh father of the complainant who was hiding himself in a wheat crop field. The accused/appellants Johar Singh and his companion - Sunder Singh started firing at Dhan Singh and after coming near to Dhan Singh, Johar Singh fired another shot from a distance of about 2-3 ft. and thereafter both these assailants after assaulting Dhan Singh with the fire-arm, came to the tea stall and took away the gun of Guman Singh which was left at the tea stall. Both the assailants entered the car and went towards Bejnath.

(3.) After this occurrence was over, the complainant Ratan Singh came to the place where his father was lying dead. The body had fire-arm injuries and blood was oozing out. Ratan Singh accompanied by Balram to Bageshwar and lodged the First Information Report at P. S. Bageshwar at about 10.30 a.m.