GOPAL SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED Gopal Singh preferred this appeal from his conviction and sentence to imprisonment for life under Section 302 I.P.C. per judgment dated 27 -7 -1987 passed by the then Sessions Judge Almora in session trial No. 30 of 1987.

(2.) THE prosecution case as emerged from the F.I.R. and the evidence of the prosecution was as under : - The accused Gopal Singh was residing in village Toli, Patwari Circle Thatmatena of District Almora with his wife Smt. Parwati Devi. He owned a small plot of land in the village. Jaint Singh deceased was also resident of this village and he was forest chaukidar of the village. According to the prosecution there was some dispute between them over boundary pillars of the field. On 13 -1 -1987 at about 4 -5 P.M. Jaint Singh while on his patroi duty as chaukidar happened to reach near the house of accused Gopal.singh and finding the accused there, warned him not to remove the boundary pillars of the field. At that time Jaint Singh's wife Smt. Devki Devi was following him while collecting pine -leaves. Accused Gopal Singh on being warned got annoyed and pushed Jaint Singh from the road resulting which Jaint Singh fell down in the field. Smt. Parwati Devi wife of the accused Gopal Singh was also there and she gave Lathi blow to Jaint Singh. Accused Gopal Singh and his wife then pelted stones on Jaint Singh who sustained injuries on his person. Jaint Singh's wife raised an alarm whereby co -villagers Gopal Singh and Gopal Ram also reached there and rebuked the accused and his wife. Injured Jaint Singh was thereafter brought to the house of his parents, by his wife, who were then residing in a separate house in the village. Jaint Singh's wife also told about the incident to other villagers namely Sher Singh, Man Singh, Bhupal Singh and others and with their help injured Jaint Singh was taken to hospital at Lambgarha in a Doli Jaint Singh was given first aid there by the Pharmacist who was there in the hospital in the evening of 13 -1 -1987. After first aid injured Jaint Singh returned to his house but he kept crying due to injuries and remained restless. His condition further deteriorated and next day on 14 -1 -1987 he was again taken to the hospital by the villagers and his wife. He was examined by Dr. K. Chandra (P. W.8) at about 4.30 P.M. The condition of Jaint Singh was serious and the medical officer advised him to be taken to District Hospital, Almora for better treatment. Injured Jaint Singh however succumbed to his injuries while he was being taken from Lambgarha and his dead body was then brought to Jalana near veterinary hospital. Since it was night hours and the circle patwari could not be located, the dead body was kept there in Jalana throughout the night.

(3.) ACCUSED Gopal Singh and his wife Smt. Parwati Devi were committed to the court of Sessions on 5 -5 -1987 by the then C.J.M. Almora and charge under Section 302 read with Section 34 I.P.C. was framed against both of them on 28 -51987 by the Sessions Judge, Almora. The prosecution in order to bring home guilt to the accused examined eight witnesses. They are P. W.1, Smt., Devki Devi an eye witness of the incident. P.W.2, Gopal Singh and P.W.S Gopal Ram were also examined as eye witnesses, but they did not support the prosecution case and were declared hostile. P. WA, Bhupal Singh and P. W.6, Sher Singh were informed about the incident by the daughter of Jaint Singh deceased and they assisted in taking Jaint Singh to Lambgarha hospital for medical aid and treatment. P. W.8, Dr. K. Chandra medically examined Jaint Singh on 14 -1 -1987 at 4.30 P.M. in Lambgarha hospital. He proved the injury report, Ext.Ka.21. P.W.7, Bhupal Singh Bisht the circle patwari investigated the case as stated above. He proved relevant documents pertaining to the various steps taken during the investigation and also the charge sheet which was filed by the second Investigating Officer. P.W.S, Dr. J.C. Durgapal conducted post mortem examination of the dead body of Jaint Singh deceased at 2 P.M. on 16 -1 -1987 and prepared post mortem report, Ext.Ka.2. The following ante -mortem injuries were detected on the person of the deceased : - 1 - Contusion 13cm x 8cm on the left side of chest, 2.S cm lateral to mid line and 2 cm below the iower margin of clavicle (chest stamped by leucoplast). . 2 - Stitched wound 5cm long on the left side of forehead, 2cm above the left eye brow in the middle. 3 - Abrasion 3cm x lcm, over the right ring finger in lateral aspect. 4 - Contusion 4cm x 3cm over the left side of neck. On internal examination subcutaneous haematoma under injury No.2 was found though the scalp bones were normal. Pleura was congested and under injury No.1, 3'" and 4th ribs were found fractured left lung was also found ruptured left chamber of the heart was empty and whereas the right chamber was full of blood. In the opinion of the medical officer the death was caused due to shock and haemorrhage as a result of ante -mortem injuries about two days ago and probably at about 7 P.M. on 14 -1 -1987.