MOHAN SINGH S/O THAGU SINGH Vs. STATE

JUDGEMENT

(1.) This appeal preferred Under Section 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 20th January 1989 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 14 of 1988 State v. Mohan Singh, whereby the learned Sessions Judge has convicted the accused/appellant Mohan Singh for the offence punishable Under Section 304 Part-II of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and 323 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 5 years for the offence punishable Under Section 304 Part-II I.P.C. and one month s rigorous imprisonment for each on both the counts for the offence punishable Under Section 323 I.P.C. It was further directed that all these sentences shall run concurrently.

(2.) I have heard Sri Shudhanshu Dhulia, learned Senior Counsel assisted by Sri Rajendra Kotiyal, learned Counsel for the accused/appellant and Sri Harish Pujari, learned Addl. Govt. Advocate for the State and also perused the record of the Trial Court and other relevant papers.

(3.) The prosecution case, in brief, is that on 10.04.1988 PW-4 complainant Girdhari Singh lodged a written report Ext. Ka-2 at Police Station Kirtinagar, Tehri Garhwal with the averments that on the fateful day at 10:00 a.m. a quarrel had taken place in between the accused Mohan Singh and Magan Singh (since deceased). The accused Mohan Singh has taken him to his house and told that Magan Singh had broken slates of his house. On this, the complainant told him to keep ready the witnesses and lodge a report. The complainant also asked that he would certify when report would be lodged. Thereafter he left the village. When he returned above at about 10:45 a.m., he saw that blood was oozing out from the head of Magan Singh who was seriously injured and unconscious. Seeing which he rushed to the Police Station for lodging a report. On the basis of the written report Ext. Ka-2, the Chik report Ext. Ka-5 was prepared by Constable Clerk Jawahar Singh and a case crime No. 27 of 1988 Under Section 308 I.P.C. in Police Station Kirtinagar, was registered against the accused/appellant on 10.04.1988 at 12:30 p.m. and an entry in regard to the crime was made in the G.D. a copy of which is Ext. Ka-6.