DUNGAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973, is directed against judgment and order dated 31/1/1989 passed in Sessions Trial No. 256 of 1986 by learned IVth Additional District and Sessions Judge, Nainital, whereby he has convicted appellant No. 1 Dungar Singh under Section 302 of Indian Penal Code, and appellant No. 2 Bhawan Singh under Section 302 read with Section 34 of the said Code, and sentenced each of them to life imprisonment and also to pay a fine of Rs. 2,000.00 with further direction that in default of payment of fine, the defaulter has to undergo further six months imprisonment

(2.) Prosecution story, in brief, is that on the intervening night of 16th and 17th of July, 1986, a local festival 'Harela' was being celebrated in the temple of Gorakhnath in Village Kaunta. At about 11:00 p.m. in the house of Puran Singh, appellants Dungar Singh and Bhawan Singh had a quarrel with deceased Madho Singh and they gave threat to him that they would finish him of. After this, at about 01:00 a.m. when Madho Singh was attending the festival in the temple, appellants came there with common intention. Appellant No. 2 Bhawan Singh handed over sharp-edged knife in the hand of appellant No. 1 Dungar Singh. And appellant No. 1 Dungar Singh stabbed with knife in the abdomen of Madho Singh (deceased). The incident was witnessed by PW1 Kundan Singh, PW2 Uttam Singh, PW3 Pratap Singh and others. At the time of the incident, inside and outside the temple, there was light of Dhooni (wood fire). Soon after the incident, injured Madho Singh was taken in the nearby house of Puran Singh, where a cloth was rapped over his abdomen. In the next morning, he was taken to Jeetpur on way to Haldwani for medical treatment. While he was being taken from Jeetpur, it was raining. The injured was got admitted at 4:00 p.m. in a hospital at Haldwani, whereafter First Information Report (Ex. Ka 1) was got prepared and given at Police Station, Haldwani on 17/7/1986 at 18:40 hours. Initially, the said report was registered at Police Station, Haldwani against the appellants under Section 324 of the Indian Penal Code, but since it related to an incident which had taken place outside the limits of Police Station Haldwani, the report was sent to Supervisory Kanungo, Chawgad for registering the crime and its investigation (In Uttaranchal hills, certain Revenue Officers are given police powers). Meanwhile, injured Madho Singh succumbed to the injuries on 18/7/1986. The post-mortem examination on the dead body was conducted on 18/7/1986 at about 02:35 p.m. by Dr. S.C. Pant (PW4), who recorded following ante-mortem injuries on the person of the deceased:

(3.) The Medical Officer prepared the Post-Mortem Report (Ex. Ka 3) and also observed following points regarding the condition of the abdomen: