JASVINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 set the criminal law into motion by writing a complaint on 08.08.2001, which was addressed to SHO, Rudrapur, enumerating the facts contained therein, that informant's uncle Babbu, who was a driver in a transport company, had some altercation with the conductor Jasvinder Singh on 31.07.2001, sometimes in the night. Accused Jasvinder Singh assaulted the victim on the head with an iron rod, as a consequence of which, victim got seriously injured and became unconscious. Victim was taken to Government Hospital, Rudrapur, whereupon his case was referred to Haldwani. During the course of his treatment on 07.08.2001, informant's uncle died. The incident was witnessed by Mohd. Rais and others.

(2.) THE incident allegedly took place in the intervening night of 31.07.2001 / 01.08.2001, sometimes in the night, but the FIR was lodged only on 08.08.2001, at 06.05 P.M. Whereas the distance between the place of incident and the police station concerned is only half kilometer, there appears to be delay in lodging FIR. This Court will examine the fact as to whether the delay in lodging the FIR was sufficiently explained or not, in the subsequent paragraphs of the judgment.

(3.) AFTER the investigation, a charge -sheet was submitted against the accused -appellant for the offence punishable under Section 304 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 304 IPC was framed against the accused -appellant, who pleaded not guilty and claimed trial.