RAMESH SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Having heard the rival contentions of learned Counsel for the parties, it appears that animosity was persisting between two groups involved in the incident, which took place on 13.7.2010 at around 9 AM. FIR was lodged by Balbir Singh on the same day at around 10.45 AM at the concerning police station against Ishwar Singh, Surjeet Singh, Kuldeep Singh and Malkeet Singh. All these accused persons are the close family members of Smt. Harvansh Kaur, W/o Surjeet Singh. Having noticed regarding lodging of the FIR, these accused persons also reached to the police station almost after 13-15 hours to lodge their FIR against their opponents Gurmej Singh, Balbir Singh, Amarjeet Singh (all sons of Baj Singh) and one Ramesh Singh, S/o Gurnam Singh, The allegations against the revisionist Ramesh Singh was that he opened the fire from his 12 bore gun on Ishwar Singh and Malkeet Singh, however, only one pellet could touch Ishwar Singh.

(2.) It appears that before the FIR at the instance of Smt. Harvansh Kaur could be lodged in the intervening night of 13/14.7.2010 at 12.30 AM, the police took all these persons of Smt. Harvansh Kaur for medical examination. Ishwar Singh could be examined at 11.53 PM on that intervening night, wherein one punctured wound was noticed in the chest, 8 CM below the collor bone; besides there was redness in thin margins. However, no radiological test was got done.

(3.) Police concluded the FIR lodged by Balbir Singh into submission of chargesheet, inter alia, for the offence of Section 302 IPC against the persons named therein, while the FIR lodged by Smt. Harvansh Kaur could be culminated into submission of chargesheet only against three accused persons for the offences under Section 307, 504 and 506 IPC, and Ramesh Singh, S/o Gurnam Singh was exonerated.