KULWANT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Pargat Singh wrote a complaint (Ext. Ka -1) to Inspector, police station, Kotwali, Haldwani, Nainital on 10.10.1996, enumerating the facts contained therein, that on 10.10.1996, between 2:30 to 2:45 P.M., he was returning from Block Office to his house by his jeep. Jeep was being driven by his elder brother Harjinder Singh, Gram Pradhan. Gurcharan Singh, Gurmeet Singh, Hardeep Singh and Jaswant Singh were also sitting in the jeep. No sooner the jeep reached in front of the sugarcane field of Kulwant Singh, accused Gurmej Singh came on the road. He was hiding himself in the sugarcane field. Accused Gurmej Singh fired a shot with his gun upon the jeep, which hit the radiator of the jeep. Driver Harjinder Singh, Gram Pradhan, stopped the jeep. All the travellers alighted from the jeep. Accused Kulwant Singh and Mahender Singh, who were carrying guns, Basant Singh and Dilbag Singh, who were carrying country made pistols, also came out of the sugarcane field. Kashmir Singh, who was the relative of Basant Singh, exhorted the co -accused persons to kill the informant and others. Accused Kulwant Singh, Gurmej Singh, Dilbag Singh, Mahender Singh and Basant Singh fired upon the informant and others with the weapons, with which they were armed, with the intention of killing the victims. Harjinder Singh, Gurcharan Singh, Gurmeet Singh sustained injuries in the process. Accused Harbhajan Singh and Sakattar Singh exhorted other co -accused to kill the victims. Harjinder Singh, Gurcharan Singh and Gurmeet Singh fell on the ground. Presuming them to be dead, accused persons fled away from the place of incident. The reason attributed to the incident was that the accused persons wanted to refrain Harjinder Singh from contesting the election of Gram Pradhan.

(2.) A chik FIR was lodged, on the basis of said complaint on 10.10.1996, at 03:20 P.M. The incident allegedly took place on 10.10.1996 between 2:30 and 02:45 P.M. The distance between the place of incident and the police station concerned was negligible and hence there appeared to be no delay in lodging the complaint. After the investigation, a charge -sheet was submitted against the accused persons for the offences punishable under Sections 147, 148, 307 of IPC read with Section 149 of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 147, 148, 307 of IPC read with Section 149 of IPC was framed against the accused persons, who pleaded not guilty and claimed trial.

(3.) PW 1 Pargat Singh, PW2 Harjinder Singh, PW3 Gurmeet Singh, PW4 B.D. Joshi, PW5 Gurcharan Singh and PW6 Dr. P.C. Kapri were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Addl. Sessions Judge, Haldwani, vide judgment and order dated 22.12.2001, convicted all the accused -appellants under Sections 147, 148, 307 of IPC read with Section 149 of IPC and were sentenced appropriately. All the sentences were directed to run concurrently. Feeling aggrieved against the impugned judgment and order, present criminal appeals were preferred by the accused -appellants. Since both the criminal appeals have arisen out of same FIR, therefore, they are being decided together by this common judgment and order for the sake of brevity and convenience.