INDER SINGH AND TWO ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellants Under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 14.5.1996 passed by Ist Additional Sessions Judge, Nainital in S.T. No. 110/1993, State v. Inder Singh and Ors., by which the accused Jarnail Singh was convicted Under Section 326 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and was sentenced to five years' rigorous imprisonment. Other accused persons, namely, Inder Singh and Hakam Singh were convicted Under Section 326 r/w 34 I.P.C. and each of them were sentenced to five years' R.I.

(2.) I have heard Smt. Pushpa Joshi, learned Counsel for the accused/appellants as well as Sri M.A. Khan, learned brief holder for the State. Perused the entire material available on record.

(3.) IN brief, the prosecution case is that the injured Bala Singh, later on who died, lodged the oral report at Police Station Sitarganj on 21.7.1991 stating therein that at about 11:00 A:M when he was going to work in his field and reached near the field of Mahendra Singh then on the way the accused Inder Singh, Jarnail Singh and Hakam Singh met him who asked him to leave his land and the village. When he did not agree then all the accused persons started beating him. The accused Jarnail Singh gave a blow of GANDASA on his head due to which he received serious injuries. He raised alarm. On hearing his alarm, Balwant Singh (P.W.1) and Arjun Singh (P.W.2) reached at the spot. Seeing the people coming, the accused persons fled from the place of occurrence. With the above -said averments, the injured Bala Singh lodged the oral report at Police Station Sitarganj on 21.7.1991 at 02:00 P:M. On the basis of oral report, Chik F.I.R. was prepared by the Head Mohirror Shankar Nath, which is Ext.Ka -4. The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka -5. The investigation of this case was entrusted to Sub Inspector S.R. Chaudhary. The medical examination of the injured was done by Dr. Mahendra Singh (P.W.6), Medical Officer, P.H.C. Sitarganj on 21.7.1991 at 02:30 P:M and the medical report was prepared, which is Ext.Ka -2. Supplementary report (Ext.Ka -3) of the injured was also prepared by the same Medical Officer. During the course of investigation, the I.O. recorded the statement of the witnesses, prepared the site -plan (Ext.Ka -7) and took the blood stained clothes of the injured into possession and thereafter the FARD (Ext.Ka6) was prepared. On completion of the investigation, he submitted the charge sheet against the accused/appellants Inder Singh and Jarnail Singh Under Section 326/323 I.P.C. That charge sheet is Ext.Ka -8. On 21.9.1991, Inder Singh (P.W.4), father of the injured Bala Singh filed an application (Ext.Ka -1) at Police Station, Sitarganj with the information that when his son Bala Singh was being taken for further treatment to Punjab then on the way he died due to the injuries caused by the accused/appellants. On the basis of this information, the case was converted Under Section 304 I.P.C. and the entry in this regard was also made in the G.D., carbon copy of that G.D. is Ext.Ka -9. Then, again the case was investigated and on completion of the investigation, the I.O. submitted the charge sheet (Ext.Ka -10) Under Section 304 I.P.C. against the accused/appellant Hakam Singh and charge sheet (Ext.Ka -11) Under Section 304 I.P.C against the accused/appellants Inder Singh and Jarnail Singh.