LAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Lal Singh, having been convicted for the offence of Section 304 Part I of the Indian Penal Code, is before this Court. He was sentenced for ten years term by the learned Trial Judge in addition to fine of rupees ten thousand.

(2.) The backdrop of this unfortunate incident is that in the intervening night of 4/5.9.1996, some musical songs along with the dance was being performed to carry out worship of some local Demi God/Goddess. Though basically the occasion was only meant for women of the village, but somehow the deceased along with the accused persons and some other men were also there. There was a light of kerosene oil small lamp and this concert was being organised in the courtyard of Govind Singh. During the course of that concert, the deceased Virendra Singh, a young man of 20 years, began to dance in the circle meant for this. The accused Lal Singh asked him not to participate in the dancing, but he turned deaf year to his command. So, the appellant Lal Singh became enraged and having the torch in his hand, gave a blow of same on the parietal region of Virendra Singh. Having suffered this blow, Virendra Singh fell down on the earth and became unconscious. Other two accused persons named in the FIR i.e. Narendra Singh and Pan Singh also joined the hand with Lal Singh in order to beat the injured further. The concert was shattered and there was all around a commotion and hue and cry.

(3.) Virendra Singh when was being shifted from the remote village of the occurrence to some medical centre, he breathed his last while on the way. So, his dead body was brought and kept in the house of his father Ganga Singh.