BAHADUR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE convicts/appellants Bahadur Singh (A1) and Harish Singh (A2) have preferred this appeal assailing the judgment and order dated 8.10.2010, rendered by Sessions Judge, Almora in Sessions Trial No. 2/2006 holding the appellants guilty for the offence under Section 302 IPC, wherefor they have appropriately been sentenced.

(2.) THE incident pertains to Crime No. 3/2005, Patwari Circle Lingurata, District Almora. First Information Report was lodged by the real brother of the deceased Mr Pratap Singh (PW8) highlighting the facts that on 29.11.2005 at about 4 PM, his brother Kailash Singh left to attend the marriage ceremony of the daughter of one Mr. Chandan Singh Negi in village Jamrari. While they were coming back to home having boarded in jeep no. UA04/5787, at about 6.30 PM, the vehicle was not stopped at his house and the driver of the same carried that ahead towards Shera Ghat. Mr. Bahadur Singh and Harish Singh, both accused persons, of his own village, as well as PW1 Bhagwan Singh, PW2 Kundan Singh and PW3 Rajendra Singh were also present in the said jeep along with his brother Kailash Singh. As the vehicle was carried away towards Shera Ghat, his brother was kicked out by Bahadur Singh from the running vehicle. Soon after throwing him down away from the vehicle, the driver Harish Singh drove the jeep to run over his brother making him seriously injured. The vehicle was not got stopped. Rather, they escaped from the spot along with the vehicle. Thereafter Bhagwan Singh, Kundan Singh and Rajendra Singh brought his brother to home in another jeep no. UP02D/3701 and disclosed the sequence of the incident to the informant Pratap Singh, which was ratified by his own injured brother. The injured Kailash was soon carried to Almora for better treatment, but before reaching to the hospital, he breathed his last on the way. So, this FIR Ex. Ka -2 was lodged on 30.11.2005. Chick report whereof is Ex. Ka -3 implicating Bahadur Singh and Harish Singh for the offence of Section 302 IPC.

(3.) INQUEST report Ex. Ka -4 was prepared on 30.11.2005 at 6 AM. The witnesses recommended the matter for the post -mortem. So, autopsy was conducted on 30.11.2005 at 1.30 PM in the District Hospital, Almora, wherein the cause of death was ascertained to be due to shock and haemorrhage as a result of ante mortem injuries. Following injuries were noticed on the body of the deceased: