MEHARBAN SINGH ALIAS MEHRU Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 25.1.1986, passed by the Sessions Judge, Pauri Garhwal, convicting the accused -appellant Meharban Singh under section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that - on 13.10.1983 at about 6.00 PM accused Meharban Singh along with Pitamber Singh, Ram Singh and Guddu were drinking liquor at Mavakot, P.S. Kotdwar. Ram Singh told that he missed forty rupees from his pocket. All the persons present theft made search of each other. Accused Meherban Singh made search and traced the money from the pocket of Pit amber Singh. Some altercation took place between accused Meharban Singh and Pitamber Singh and accused Meharban Singh fired on the chest of Pit amber Singh by a Tamancha (country made pistol) and Pitamber Singh died at the spot. Thereafter accused Meharban Singh fled away towards Kotdwar.

(3.) P .W.1 Ram Singh ledged report of the incident (Ex.ka -1) in P.S. Kotdwar, on the basis of which check FIR. was prepared and a case was registered under section 302 IPC against the accused. The investigation of the case was conducted by S.L Mahendra Singh (P.W..3). He visited the place of incident and held inquest on the dead' body of Pitamber Singh. He recorded the statement of witnesses. On 14.10.83 he prepared Panchayatnama Ex.ka -4 and collected plain and blood stained earth. He also took the articles found in the pocket of deceased and prepared Memo Ex.ka -8. He also prepared site plan Ex.ka -9. Accused Meharban Singh surrendered before the Court and the Investigating Officer interrogated in the lock up. After completing the investigation he submitted charge sheet Ex.ka -10 on the same day.