STATE OF UTTARAKHAND Vs. BHAGWAN SINGH AND ORS.

JUDGEMENT

(1.) Present appeal has been preferred by the State assailing the judgment and order dated 7.8.2004, passed by Sessions Judge, Pithoragarh in Sessions Trial No. 58 of 1997, whereby all the accused respondents herein were acquitted from the charges punishable under Sections 147, 302 read with 149, 201 read with 149 IPC.

(2.) The brief facts of the present case are that Dan Singh, son of Jagat Singh, village Kotana, was required by the Revenue Police for the purpose of interrogation in the murder case of Deekri Devi, wife of Chinta Singh; investigating team was searching for Dan Singh in Bali Gaon as well as in Paatan Gaon. As per the FIR, Ex. A-2, lodged by Prakash Chandra Upadhyay, investigating team reached in the house of Prem Singh, son of Kesar Singh, village Basan in the noon of 25.5.1992; Dan Singh was present in the house of the Prem Singh, son of Kesar Singh; however, Dan Singh on the pretext of reliving himself ran away from the spot. A search was made for him. However, he was found dead on 29.7.1992 between the boundaries of Bali Gaon and Patan Gaon.

(3.) Postmortem was conducted on the dead body of deceased Dan Singh on 28.9.1992. As per postmortem report, following injuries were observed on the dead body of Dan Singh:-