NANDAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred under Section 374 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 12 -08 -1992 passed by Sessions Judge, Pauri Garhwal in S.T. No. 38/1991, State v. Nandan Singh and Ors. and S.T. No. 40 of 1991, State v. Mahendra Singh and Ors., whereby the learned Sessions Judge has convicted the appellants/accused Nandan Singh, Ram Prasad, Anand Singh, Mahendra Singh and Manoj Under Section 147, 436 r/w Section 149 and 427 r/w Section 149 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). Each of them was sentenced to two years' R.I. Under Section 436 r/w Section 149 IPC; six months' R.I. Under Section 147 IPC and one year's R.I. Under Section 427 r/w Section 149 IPC. All the sentences were directed to run concurrently.

(2.) ON the basis of death report given by Tehsildar, Dhumakot dated 25.7.2007, the appeal preferred by appellant No. 1 -Nandan Singh and appellant No. 2 -Ram Prasad already stood abated by order of this Court dated 6.3.2009.

(3.) IN brief, the prosecution case is that complainant Ramesh Chandra (P.W.1) lodged an FIR on 6.12.1990 stating therein that on 5.12.1990, when he was in his house, at about 2 P.M., Shambhu Prasad, Pradhan (P.W.3) and other persons reached in the village and called him to attend Panchayat on the complaint of appellant -accused Nandan Singh (now died). The complainant went in the Panchayat where some dispute arose. Appellant -accused Nandan Singh did not obey the orders of Panchayat and all the people went to their houses. After the Panchas left, appellant - accused Nandan Singh abused and threatened the complainant to his life and also threatened to destroy the record of Patwari. Therefore, the complainant along with his mother went away to village Kanda Malla and told the fact to Pradhan. The Pradhan assured him that nothing shall happen, therefore, he came back to his house and after taking food, went to sleep in the room. At about 9:30 PM in the night, he heard some voices outside the room, therefore, he along with Amar Singh (P.W.2) and Bachi Devi came outside and saw appellants -accused Nandan Singh, Anand Singh on the roof of the house while appellants -accused Manoj, Ram Prasad (now died) and Mahendra Singh were in the Chowk. Appellant -accused Ram Prasad (now died) told the appellant -accused Manoj to bring diesel on which appellant -accused Manoj went and brought diesel. The complainant asked them not to set fire the records. Thereupon the appellants -accused threatened that they shall also set fire to his house. Thereafter, the appellants -accused sprayed diesel inside the room and set fire to the Patwari Chowki. Meanwhile, appellants - accused Nandan Singh and Anand Singh threw Patalas (slates) of the roof. Due to fear of appellants -accused, complainant and his family members all went inside their room. It was further stated that the accused were saying that they will burnt alive the complainant and his family. Therefore, the complainant and his family members went in the kitchen room and thereafter they came below in Gaushala and escaped and then they went to the house of complainant's sister. In the morning, the complainant again returned to the village and found that the Patwari Chowki was burnt. With the same averments, the complainant Ramesh Chand lodged the report Ex.Ka -1 on 6.12.1990 with Tehsildar, Tehsil Dhumakot. On this report, Tehsildar Dhumakot directed Supervisor Kanungo to investigate the matter after lodging the report through Patwari as per law. On the same day, Supervisor Kanungo directed the Patwari to register the case and send the papers to him for the investigation. (In Rural Hilly Areas of State of Uttarakhand, the Patwaris and certain Revenue Officials are being vested with police powers vide U.P. Govt. Notification No. 494/VIII -418 -16 dated 7.3.1916) On the basis of this, Lila Ram (P.W.4), Patwari Khatli Balla - 4 prepared the Chik FIR of the case on 6.12.1990 at 5:30 P.M., i.e. Ex.Ka -4. He also made entry in the G.D., the copy of which is Ex.Ka.5. The I.O./Supervisor Kanungo recovered the ashes of burnt record of the Patwari office and prepared the Fard, i.e. Ex.Ka -2. The I.O. also recovered a handcuff without cord as the cord was burnt and prepared a Fard, i.e. Ex.Ka -3. The I.O. also prepared the site plan of the place of occurrence, i.e. Ex.Ka -7. The I.O. during investigation recorded the statements of witnesses and after completing the investigation, submitted the charge sheets against the appellants/accused in the court, i.e. Ex.Ka -8 and Ex.Ka -9.