DEV SINGH LAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred u/s 374 (2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P. C.) is directed against the judgment and order dated 22nd September 1988 passed by the Sessions Judge, Pithoragarh in Sessions Trial no. 5 of 1988 State vs. Dev Singh and 3 others whereby the learned Sessions Judge has convicted the accused/appellants Dev Singh, Guman Singh and Jagdish Singh for the offence punishable u/s 307 read with Section 34 of The Indian Penal Code, 1860 (hereinafter referred to as the I. P. C.) and awarded sentence to each of them to undergo rigorous imprisonment for a period of 6 years4 and the accused/appellants have been further convicted for the offence punishable u/s 326 read with Section 34 I. P. C. and has awarded sentence to each of them to undergo rigorous imprisonment for a period of 1 year. It was further directed that both the sentences shall run concurrently. The co accused Smt. Saruli Devi has been acquitted by the Trial Court.

(2.) THE prosecution case, in brief, is that on 14. 03. 1984 at about 11 p. m. when the injured-complainant Umed Singh was going to his house alongwith his wife Smt. Panuli Devi after participating in Holi festival and when they reached in the upper side of a field which is situated towards upper side of a culvert (Khola), then all the accused/ appellants Dev Singh, Guman Singh, Jagdish Singh, alongwith the co-accused Smt. Saruli Devi, who has been acquitted by the Trial Court, had surrounded the complainant Umed Singh and his wife and the accused Dev Singh had inflicted injuries to Umed Singh with a KHUKARI. At that time all the accused persons were having KHUKARIES in their hands and they have inflicted injuries to Umed Singh with KHUKARIES. On this; complainant4s wife made noise and on hearing her screams residents of the village reached on the place of occurrence and they brought the injured in unconsciousness state in his house and on the next day i. e. on 15. 03. 1984 the injured was taken to the hospital at Champawat where he was admitted. With the medical report the injured Umed Singh submitted the written report Ext. Ka-3 to the Sub Divisional Magistrate, Lohaghat on 16. 03. 1984 and on receiving the written report the Sub Divisional Magistrate, Lohaghat forwarded the same to the Nayab Tehsildar, Champawat for taking necessary action in the matter and the Nayab Tehsildar instructed the concerned Patti Patwari to lodge the First Information Report. On the basis of the written report Ext. Ka-3, the Patti Patwari-Mulakot Sri Ishwari Dutt Joshi P. W. 5 had prepared the Chik First Information Report Ext. Ka-5 on 16. 03. 1994 at 2:00 p. m.

(3.) THE injured Umed Singh was medically examined by the Medical Officer P. W. 3 Dr. P. K. Karnataka on 15. 03. 1984 at about 3:15 p. m. at Primary Health Centre, Champawat and prepared the injury report Ext. Ka-1. Lateron X-Ray of the injured was also conducted; the X-Ray plate is Ext.-1 on the record. The X-Ray report which was prepared by the Medical Officer P. W. 3 Dr. P. K. Karnataka on 16. 07. 1984 is Ext. Ka-2 on the record.