STATE OF UTTARAKHAND Vs. GOVIND SINGH & OTHERS

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 05.10.2010, rendered by learned Sessions Judge, Pithoragarh in Sessions Trial No.09 of 2009, whereby the respondents-accused Govind Singh, who was charged with and tried for the offences under Section 307, 504, 506(2) of IPC, accused Kundal Singh, who was charged with and tried for the offence under Section 307 read with Sections 109 and 504 of IPC and accused Smt. Kamlesh Khadayat, who was charged with and tried for the offence under Section 504 of IPC, were acquitted.

(2.) The case of the prosecution, in a nutshell, is that on 20.10.2008 at 3:30 PM, when PW1 Mohan Singh, the father of Sundar Singh was sitting in the shop, his neighbour Kundal Singh, his son Govind Singh and his daughter-in-law Kamlesh started abusing his father. They are inimically deposed against them. Govind Singh was carrying Badiyath in his hand. Govind Singh with intention to kill his father gave a Badiyath blow on the head of his father. His father collapsed. Kundal Singh kicked him. He and his mother had come to offer tea to his father. Govind Singh threatened them. His father was taken to hospital. Blood was administered. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as seven witnesses in its support. The statements of the accused were recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. The accused were acquitted vide judgment dated 05.10.2010.

(3.) Learned counsel for the State has vehemently argued that the prosecution has proved its case beyond reasonable doubt against the respondents. Learned counsel for the respondents has supported the judgment dated 05.10.2010.