MOR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 10.11.1995 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 37 of 1992, State v. Mor Singh and Anr. whereby the appellants/accused Mor Singh and Karan Singh have been convicted under Section 304 Part II read with Section 34 of Indian Penal Code, 1860 (for short, IPC) and each of the appellants/accused have been sentenced to undergo R.I. for five years.

(2.) In brief, the prosecution case is that on 9.11.1989 at 8 am, Kasturi Devi resident of village Devgaddi, Patti Lostu lodged an FIR (Ex. Ka-1) at Patwari Circle Ringoli with the averments that on 5.11.1989 at about 5.30 pm, her son Prem Singh was in the house. When she was giving grass to the cow and her calf, she heard cries of her son Prem Singh. When she went towards his room, she saw the appellants/accused Mor Singh and Karan Singh running towards their own house. When she reached near her son, she saw him crying. Prem Singh told her that the appellants/accused have beaten him very brutally. She further averred in the said FIR that she was old and could not come to the Patwari chowki nor took her son for the treatment and as a result of the said brutal beating, her son Prem Singh died on 8.11.1989 at about 11 am.

(3.) With the aforesaid averments, FIR Ex. Ka-1 was lodged by Kasturi Devi. On the basis of this report, chick FIR Ex. Ka-3 was prepared by Patwari Baisakh Singh Kantura (PW6) on 9.11.1989 at 8 am. Necessary entries were made by him in the GD. Copy of GD is Ex. Ka-4. (In rural hilly areas of State of Uttarakhand, the Patwaris and certain revenue officials are vested with police powers vide U.P. Govt. Notification No. 494/VIII-418-16 dated 7/3/1916). Patwari Baisakh Singh Kantura investigated the case. During the course of investigation, on 9.11.1989, the I.O. prepared the site plan Ex. Ka-5, inquest report Ex. Ka-6, photo lash Ex. Ka-7 and took the dead body of Prem Singh to the Combined Hospital, Tehri for the post mortem. Post mortem was conducted by PW4 Dr. R.K. Pant on 10.11.1989 at 2 pm, who prepared the post mortem report Ex. Ka-2. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka-9 against the appellants/accused under Section 304 IPC.