BHAGWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 11/12.07.2013 rendered by learned Sessions Judge, Bageshwar in S.T. No.20/2009, whereby the appellant/accused Bhagwan Singh, who was charged with and tried for the offences punishable under Sections 302 and 307 Penal Code and also u/s 25 of the Arms Act, was convicted u/s 302 Penal Code and sentenced to undergo life imprisonment with fine of Rs. 25,000.00 and in default of payment of fine, to undergo additional rigorous imprisonment for a period of one year. He was further convicted u/s 307 Penal Code and sentenced to undergo five years' R.I. with fine of Rs. 20,000.00, and in default of payment of fine, to undergo six months' additional rigorous imprisonment. Both the sentences were directed to run concurrently. However, the appellant was acquitted for the offence punishable u/s 25 Arms Act.

(2.) Case of the prosecution in a nutshell is that the FIR was lodged by PW3 Dharam Singh on 21.4.2007 at P.S. Kotwali Bageshwar. According to the contents of FIR, on 21.4.2007, the marriage of Rakesh S/o Bhagwan Singh was solemnized at Village Dafaut. Marriage procession had come back at 5:30 PM. The bridegroom's father Bhagwan Singh fired his gun. The pellets struck Anita, Khushal Singh, Ummed Singh, Smt. Vimla W/o Devendra Singh and Smt. Vimla W/o Bhupal Singh. They were taken to hospital. Smt. Anita and Khushal Singh died. Rest of the victims were referred to Base Hospital, Almora. The F.I.R. was registered. Initially, the appellant was charged u/s 304 (Part II) Penal Code but later on, the Charge was converted to Sections 302 and 307 Penal Code along with Sec. 25 of the Arms Act.

(3.) The matter was investigated and Challan was put up after completing all the codal formalities.