GOPAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 28-4 1988 passed by Shri Bir Bhadra Singh, the then III Additional Sessions Judge, Nainital in S. T. No. 179/ 1987 State v. Gopal Singh and others, whereby the appellant- Gopal Singh was convicted under Sections 364, 302/34. IPC read with 120-B, IPC. The appellant-Virendra Singh was convicted under Sections 302/34, IPC and 120-B. IPC. Both the appellants were sentenced to undergo RI for life imprisonment. Both the sentences of appellants would run concurrently. However, by the said judgment and order the other accused person-Govind Singh was found not guilty and he was acquitted.

(2.) Brief facts of the prosecution case are that on 18-4-1987 the complainant-Dharam Singh PW1 lodged a written report to the Patti Patwari Chopra alleging therein that on 16-4-1987 at about 8 p.m. the appellant Gopal Singh came to his house and took his son-Puran Singh with him. Thereafter, his son Puran Singh (deceased) did not return home. On 18-4-1987 the complainant- Dharam Singh PW1 came to know that one dead body of young lad was lying in the canal at Bhujiaghat Gadhera. He reached at Bhujiaghat and found his son dead. He reported the matter to the police. The investigation was taken up as usual which culminated into the submission of the chargesheet. After submission of charge-sheet the accused persons were committed to the Court of Sessions for trial and the trial Court framed charges against the accused persons. The accused persons denied the charges levelled against them and claimed the trial.

(3.) The prosecution in order to support its case examined as many as eight witnesses. Dharam Singh PW1 was the scribe of the report. He was the father of the deceased. The prosecution has adduced the evidence of Radha Devi PW 2 and Smt. Ganga PW3, mother of the deceased. Laxman Singh PW 4 had stated that 2-3 days before the incident he saw the deceased alive in the company of appellant-Gopal Singh. The prosecution has also examined the evidence of Lal Singh PW5, Ramesh Singh PW6 and Himmat Singh PW7. Ramesh Chandra Badhani PW8 (Patwari) was the Investigating Officer, who submitted the chargesheet against the accused persons.