KUNDAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal jail appeal has been filed against the judgment & order dated 06 -11 -2007 passed by the Sessions Judge, Almora in S.T. No. 15 of 2004, whereby the Appellants were convicted and sentenced to undergo R.I. for seven years and a fine of Rs. 3000/ - each under Section 304 Part II read with 34 Indian Penal Code. It was further directed that in default of payment of fine, the Appellants would further undergo one year's R.I. each.

(2.) THE facts, in nutshell, are that on 7 -12 -2003 at 12 noon, informant Chandra Ballabh Bhatt lodged an FIR alleging therein that on 7 -12 -2003 at about 12 noon Ramesh Chandra has told him that when he and Girish Chandra were returning from the marriage of Km. Uma D/o Kishan Singh and when they reached Tok Mallagaon near the house of Diwan Ram all of a sudden Appellants -accused Kundan Singh and Himmat Singh caught hold of Girish Chandra Bhatt and assaulted on his head due to which he fell down. It was further alleged that they have assaulted him with stones due to which he succumbed to his injuries. After that when the informant reached at the place of incident he found his son lying dead on the field. On the basis of the above -said written report, a Chick FIR was prepared and necessary entries were made in the general diary. The Investigating Officer visited the spot and prepared the site -plan Ex.Ka.4. After completing the investigation, the Investigating Officer submitted the chargesheet Ex.Ka.12 before the court against the Appellants under Section 302 I.P.C.

(3.) THE prosecution in support of its case examined as many as seven witnesses. PW1 Chandra Ballabh Bhatt is the informant and father of the deceased. PW2 Smt. Rekha and PW3 Ramesh Chandra are the alleged eyewitnesses, however they were declared hostile by the prosecution. PW4 Pooran Singh is the witness of Panchnama. PW5 Dr. J.C. Pandey is the medical officer Base Hospital, Almora, who conducted the post mortem of the deceased. PW6 Km. Neetu Bajetha is not the eye -witness of the incident and was declared hostile by the prosecution. PW7 Kailash Chandra Lohani is the Investigating Officer of the case.