POORAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 11-7-2002 passed by the then Sessions Judge, Almora in Sessions Trial No. 15 of 1997, State v. Pooran Singh, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment of three years under S.326, Indian Panel Code, 1860 (for brevity as I. P. C.).

(2.) BRIEF facts of the prosecution case are that on 21-7-1994 at about 11:30 am, injured Bache Singh had gone to graze his animals to the forest. In the meantime, the animals of one Jeet Singh of his village entered the field of informant Alam Singh to graze the crops of the informant. Bache Singh, son of informant Alain Singh on the call of his mother went to his field to drive the animals out. When Bache Singh was ousting the animals, the appellant Pooran Singh, s/o Jeet Singh gave a blow by sickle (gandasa) on his neck from the back side resulting serious injury upon his neck. The parents of the injured Bache Singh immediately rushed to the place of incident. Thereafter, a report was lodged by informant Alam Singh with Patti Patwari Dhansyari on the same day, i.e. 21-7-1994 at about 1 p.m. The distance between the place of occurrence and the revenue police chowki is about 4 kms. The matter was investigated by incharge Kanoongo Rajendra Singh Negi PW 3. After recording the statement of the witnesses under S.161 CrPC and preparing the necessary documents during investigation as required, he submitted the chargesheet Ex. Ka 4 against the accused appellant under S.307/326, IPC.

(3.) THE prosecution in support of its case examined Khimuli Devi PW 1, mother of injured Bache Singh. She is the eyewitness of the incident. Bache Singh PW 2 is the injured eyewitness. He has narrated the entire story. Incharge Kanoongo, Rajendra Singh Negi PW 3 is the Investigating Officer of the case who has submitted the chargesheet Ex. Ka. 4.