JAGDEEP SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Umesh Chandra Sharma wrote a complaint to Station Officer, Kashipur, District Udham Singh Nagar, enumerating the facts contained therein that on 04.09.1997, he along with his brother Jitendra Kumar Sharma and brother's friend Digpal Singh were going towards Awas Vikas Colony. Accused Jagdeep Singh Gehlot met them around 7:00 pm. near his house, which was under construction. An altercation took place between Jagdeep Singh and Jitendra Kumar. PW 1 along with Jitendra Kumar Sharma and Digpal Singh proceeded ahead. When they reached near mango tree, Jagdeep Singh came from behind. Again an altercation took place between Jitendra and Jagdeep. Jagdeep inflicted a blow of knife on the chest of Jitendra Kumar Sharma and fled away. In the meantime, informant's cousin Sanjeev Kumar also came. All of them chased Jagdeep, but he could not be apprehended. The victim was taken to Government Hospital, whereupon he (victim) died. A chik FIR was registered regarding the aforesaid offence on 04.09.1997, at 7:40 pm. The incident allegedly took place on the selfsame date at 7:00 pm. The distance between the place of occurrence and the police station was one km. and hence, there appears to no delay in lodging the first information report, which was registered under Section 304 IPC.

(2.) In the meanwhile, on 11.09.1997, on having recovered the knife from the possession of the accused, another first information report under Section 4/25 Arms Act was registered against the accused on 11.09.1997.

(3.) After the investigation, two charge-sheets were submitted against the accused. One under Section 302 IPC and another under Section 4/25 Arms Act. The case was committed to the Court of Sessions. Trial began and prosecution opened it's case. Charges under Section 302 IPC and Section 4/25 of the Arms Act were framed against the accused, who pleaded not guilty and claimed trial.