STATE Vs. HAR PRASAD VERMA

JUDGEMENT

(1.) THIS Government Appeal has been filed against the judgment & order dated 28 -03 -1990 passed by Sri I.P. Singh, the then Sessions Judge, Almora in ST. No. 48 of 1989 whereby the Respondents -accused Har Prasad Verma and Pankaj Pande were acquitted for the offence of murder under Section 302 read with Section 34 IPC.

(2.) BRIEF facts for disposal of this appeal are that on 10 -08 -1989 at 8.55 am Dhyan Singh PW8 - father of the deceased lodged a written report Ex. Ka.2 at police station Someshwar, District Almora that in the intervening night of 09th & 10th August, 1989 some unknown persons had murdered his two sons namely Nandan Singh and Jagat Singh, after entering into his house situated in Someshwar market. On the basis of written report Ex.ka.2, a case was registered against the unknown persons under Section 302 IPC. During the course of investigation, the police took two dead bodies into possession and after having prepared Panchayatnama, photo -lash, challan lash in respect of dead bodies sealed the same and sent them for postmortem examination. The police recovered one jug, one glass and one empty cell of a cartridge. The police also recovered one blood stained knife, one blood stained Angochha and a blood stained Baniyan from the dead body of Nandan Singh. These articles were duly sealed on the spot and recovered memos thereof were prepared by S.I. -J.C. Thapalliyal PW14. Thereafter, the police arrested Har Prasad Verma and Pankaj Pande. The interrogation of accused Har Prasad Verma led to the recovery of one blood stained knife from a spot near Bhramsarover and two note -books, one blood stained shirt and other material from the house of Har Prasad Verma. The interrogation of accused Pankaj Pande led to the recovery of two country -made pistols, three live cartridges and a blood stained shirt from the spot near 'Mohaan'. The police also took a motorcycle bearing registration No. URB -5523 into his possession from Puran Singh PW7. The recovered weapons along with the empty cell of cartridge recovered at the spot were sent to the Ballistic Expert, Lucknow. Finger prints collected from the jug and the glass recovered form the spot alongwith specimen finger prints of the two accused persons were sent to the Government Finger Print Expert, Lucknow and the two notebooks recovered from the house of accused Har Prasad Verma alongwith his specimen writing were sent to the Government Handwriting Expert, Lucknow.

(3.) THE prosecution in support of its case examined as many as fourteen witnesses, namely Jaipal Singh PW1, Rajendra Singh PW2, Pan Singh PW3, Puran Singh PW4, Diwan Singh PW5, another Diwan Singh PW6, another Puran Singh PW7, Dhyan Singh PW8, Shyam Singh Bora PW9, Constable Gopal Ram PW10, Umesh Bora PW11, Home guard S.S. Khan PW12, Inspector K. N. Joshi PW13 and S.I. - J.C. Thapaliyal PW14 - I.O.