CHANDAN SINGH Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment and order dated 30.5.2001, passed by Sri Shiv Shankar, Sessions Judge, Tehri Garhwal, in Sessions Trial No.4 of 1999, convicting the accused appellant Chandan Singh under section 302 I.P.C.. and sentencing him to undergo imprisonment for life.

(2.) BRIEFLY stated the prosecution case is that accused Chandan Singh accompanied by his son Vipendra aged about five years, had gone to Kandikhal on 28.10.1998. According to the prosecution story accused appellant Chandan Singh pushed his son into the cliff from roadside due to which he sustained fatal injuries. One Sri Chandanpuri recovered him from the ditch where he had fallen. The boy was given medical aid but he succumbed to the injuries sustained. The informant Vikram Singh, who is the brother of accused appellant and resides at Delhi, was informed by telephone. He carne to his village on 29.10.1998 and lodged written report Ex. ka -7 at the Police Station. According to the prosecution story the incident was witnessed by Sri Prem Singh Negi, Chandpuri Tailor of Kandikhal, Dinesh Singh, Roshan Singh Kaintura and Jabar Singh.

(3.) ON the basis of written report EI.R. Ex. ka -8 was prepared and a case under section 302 I.P.C.. was registered at Police Station, Tehri at G.D. No. 35 dated 29.10.1998 at 20.35 hrs.