TRILOK SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), is directed against the judgment and order dated 12 -07 -1991, passed by learned Sessions Judge, Chamoli at Gopeshwar, in Sessions Trial No. 8 of 1990, whereby the Appellants, namely, Trilok Singh, Jawahar Singh and Mahipal Singh are convicted under Section 304/34 read with Section 120 -B Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one is sentenced to imprisonment for life.

(2.) WE heard learned Counsel for the parties and perused the trial court's record.

(3.) BRIEF facts of the case are that it was day of 'Shivratri' on 23 -02 -1990. On that day there was fair in Dewal. Complainant P.W.1 Devendra Singh and his brother Laxman Singh (deceased) had also gone there. When complainant was returning from the fair, near a Dak Bungalow he saw accused/Appellants Trilok Singh and Jawahar Singh on exhortation of accused/Appellant Mahipal Singh beating his brother Laxman Singh (deceased). However, after the incident was over accused/Appellants as well as the complainant and his brother went ahead. On the way, near Malgad gorge, a bus bearing registration No. U.S.Y. 3612, was coming from Dewal and going towards Tharali. Laxman Singh (deceased) waived his hand in an attempt to get stopped the vehicle so that he may also board in the bus on his journey to his village. The vehicle was being driven by accused/Appellant Trilok Singh, who crushed Laxman Singh under the tyres of the bus. The bus stopped about 50 meters ahead and accused/Appellant Trilok Singh and Jawahar Singh got down and ran away. When the complainant took his injured brother Laxman Singh to hospital he was declared dead. The First Information Report (Ext.A -1) of the incident was lodged by complainant P.W. 1 Devendra Singh with Police Out Post Tharali on the very day at about 19.00 hours which is registered as F.I.R. No. 6 of 1990 against Trilok Singh relating to offence punishable under Sections 279/304 -A. I.P.C. P.W. 7 B.P. Sharma, Station Officer of Police Station Chamoli conducted the investigation. He took the body of the deceased in his possession and prepared inquest report (Ext. A -10), letter to Chief Medical Officer (Ext. A -11) and other necessary papers including site plan. The Investigating Officer also took sample soil and blood stained soil from the spot and prepared (Ext. A -7). The body was sent for post mortem examination. Dr. M.C. Verma conducted the autopsy on the dead body and prepared the post mortem examination report. After completion of the investigation the police submitted charge sheet (Ext.A -12) against the Appellants Trilok Singh, Jawahar Singh and Mahipal Singh for their trial in respect of offence punishable under Section 304/34 read with Section 120 -B I.P.C.