DEVENDRA SINGH MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE convict Devendra Singh Malik, a police constable, was tried for the offence of Section 302 IPC, but the learned Sessions Judge attributed the guilt upon him to the nature of Section 304 IPC instead of the offence wherefor he was charged. He has appropriately been sentenced therefor.

(2.) THE deceased Pritam Singh was also a police constable and was posted at the relevant date and time in the PS Mallital, while the accused was posted at PS Tallital. As has been disclosed in the evidence of fellow constables PW1 and others, they being the close friends were in the habit of enjoying their evening by eating and drinking together. As has been disclosed in the statement under Section 313 CrPC, the accused went on leave since 1.11.2000, but returned in the evening of 5.11.2000. The incident occurred some time in the intervening night of 5/6.11.2000 and the dead body of constable Pritam Singh was found floating in Nainital Lake at a place which is popularly known as Swimming Point/Fansi Gadhera. The constables taking the morning walk/run on the road (popularly known as Thandi Sarak) noticed the floating body and informed the authorities concerned.

(3.) SINCE the deceased was mortally wounded as found in the post -mortem, so FIR was lodged and the investigation commenced. During the course of investigation, it was highlighted by PW1 C.P Bijendra that at 7.30 PM on 5.11.2000, the deceased and the appellant were seen at Bus Stand of Tallital. They were friends, used to sit together with prolonged interaction along with the arrangements of eating and drinking. PW1 is also the witness, who observed the red coloured spot on the right side chest of the shirt of the accused at the time of his presence while inquest was being conducted. He has further deposed that at about 7.45 PM, he saw both the victim as well as the culprit proceeding ahead towards Thandi Sarak.