JASVINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These appeals and revision arise out of the judgment dated 1-10-2002 passed by the then Sessions Judge, Udham Singh Nagar at Rudrapur in Sessions Trial No.345/2001. Five accused faced trial. Out of those five, Sukhdev alias Satnam and Tejendra Singh were not held guilty and acquitted. Accused Smt. Veero Kaur and her two sons accused-Dilbagh Singh and Jasvinder Singh were convicted and sentenced to imprisonment as under:- SI. No Name of the accused Convicted under Sections Sentence of imprisonment 1. 2. Dilbagh Singh and Jasvinder Singh (a) under S. 302/ 149, I.P.C. (b) under S. 307/ 149, I.P.C. (c) under S. 148 I.P.C. imprisonment for life. Rigorous imprisonment for five years. Rigorous imprisonment for two years. 3. Smt. Veero Kaur (a) under S.302/ 149, I.P.C. (b) under S. 307/ 149, I.P.C. (c) under S. 147, I.P.C. Imprisonment for life. Rigorous imprisonment for five years. Rigorous imprisonment for one year.

(2.) Informant Gurdev Singh being aggrieved by the judgment of acquittal of the two accused preferred the revision.

(3.) Sri Jeet Singh, the husband of accused Smt.Veero Kaur and father of other two convicted accused was the real brother of Gurdeep Singh deceased, one of the victim of the incident in question. The other victim Kulwant Singh deceased was his son. Informant Gurudev Singh (P.W. 1) is his another son, whereas injured-eye-witness Smt. Preetam Kaur (P.W.3) is his widow. Sukhdev alias Satnam and Tejendra Singh, who were acquitted are the sons of Smt. Swarna Kaur and Smt. Charanjit Kaur respectively, the sisters of accused Smt. Veero Kaur. Both the brothers late Jeet Singh and Gurdeep Singh deceased have their residential houses adjacent to each other in village Kela Banwari. The way from village Banna kheda to the house of Gurdeep Singh deceased from in front of the house of late Jeet Singh.At the time of the incident these family members of the two brothers were residing in these houses. The inter se relationship and the factual position of the houses is not in dispute.