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 Garh -wal, 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 came to his village on 29.10.1998 and lodged written report Ex. Ka - 7 at the Police Station. According to the prosecution ¢story the inciden.t was witnessedby Sri Prem Singh Negi, Chandpuri Tailor of Kandikhal, Dinesh Singh, Roshan Singh Kaintura and Jabar Singh,

(3.) THE Investigating Officer visited the place of occurrence and prepared inquest report Ex. Ka -2, and other papers like Ex. Ka -3, Ex. Ka -4, Ex. Ka -5 and thereafter dead body was sent for post -mortem examination. The Investigating Officer prepared site plan of the place of occurrence Ex. Ka -13. He also took blood stained and simple stones from the place of occurrence and sealed them in separate bundles. He also recovered chappal of the deceased from the place of occurrence and prepared its memo Ex. Ka -11. After completing the investigation, charge -sheet Ex. Ka -10 was submitted against the accused Chandan Singh.