BALWANT SINGH PARIHAR Vs. STATE

JUDGEMENT

(1.) This appeal, preferred under Sec. 374(2) of Code of Criminal Procedure, 1973 (herein after referred as Code of Criminal Procedure.) is directed against the judgment and order dated 09 -04 -1987, passed in Sessions Trial No. 24 of 1986, whereby Sessions Judge, Almora has convicted the Appellant Balwant Singh under Sec. 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.) and sentenced him to imprisonment for life.

(2.) We heard learned Counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that informant Devendra Singh Nagarkoti (P.W.1) is resident of village Salam, Patti Talla Katyur and is engaged in a business of woolen and readymade garments in Katyur market. On 13 -03 -1986, he was beaten by Appellant Balwant Singh of his village on which he reported the matter to the police. About one month thereafter, on 15 -04 -1986 P.W. 1 Devendra Singh along with Kamarjeet Singh (deceased) was going to his village Salam, and both of them were traveling in a bus from Bageshwar. At about 11:30 A.M., the bus stopped at village Most -gaon and both of them got down there. When accused Balwant Singh saw them he exclaimed that they have come to kill him. He armed with a lathi attempted first to beat informant Devendra Singh Nagarkoti but he got hid in a nearby bush and thereafter Balwant Singh started beating Kamarjeet Singh with lathi. Meanwhile, two police constables namely Hem Singh (P.W. 3) and Manohar Dutt heard cries of Kamarjeet and came on the spot, challenging the accused Balwant Singh. On this, Balwant Singh fled away and constables made attempt to chase him but could not apprehend. After sometime people started collecting at the spot but by then Kamarjeet had already died. Devendra Singh Nagarkoti, leaving the dead body in the guard of police constables, went to police station Bageshwar and lodged First Information Report (Ext. A -1) at about 3:15 P.M. on 15 -04 -1986. Head Constable Clerk Gopal Ram (P.W. 4) at the polios station, prepared check report (Ext. A -3) of the First Information Report and also made necessary entry in the general diary, extract of which is Ext. (sic). Shri D.P. Singh (P.W. 5), the Investigating Officer, investigated the crime. He went to spot and got prepared the inquest report (Ext. A -5), police form No. 13 (Ext. A -6), police form No. 33 (Ext. A -7), police form No. 238 (Ext. A -8), sketch of the dead body (Ext. A -9), and thereafter sent the dead body for post mortem examination through constables, which included constable Madhaw Ram. The Investigating Officer collected the simple soil and blood stained soil from the spot and prepared memo (Ext. A -10). He also prepared site plan (Ext. A -11). On 16 -04 -1986 at about 11:15 A.M., P.W. 2 Dr. N.D. Punetha conducted the autopsy on the dead body of Kamarjeet and prepared post mortem examination report (Ext. A -2). He opined that cause of death of the deceased was shock and haemorrhage, as a result of multiple injuries found on the body of the deceased. After arresting the accused, the police got recovered lathi (rod) and the stone, which were used by the Appellant in commission of the crime and prepared recovery memo (Ext. A -12 and Ext. A -13). After recording the statements of the witnesses and completion of the investigation, charge sheet (Ext.A -16) was filed by the Investigating Officer before the Magistrate concerned.