BHARAT SINGH S/O BHAW SINGH; SURAT SINGH S/O BHAW SINGH; VIRENDRA SINGH S/O BHAW SINGH, BHAW SINGH S/O JAI SINGH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 20.04.1995, passed by learned Additional Sessions Judge, Dehradun, in Sessions Trial No. 129 of 1994, whereby accused/appellants Bharat Singh, Surat Singh, Virendra Singh and Bhaw Singh have been convicted under Section 304 read with Section 34 of Indian Penal Code, 1860 (herein after referred as I.P.C.), and each one of the three convicts namely Bharat Singh, Surat Singh and Virendra Singh has been sentenced to imprisonment for life. Convict Bhaw Singh has been sentenced to undergo rigorous imprisonment for a period of ten years.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story in brief is that on 04.05.1994, at about 6:30-7:00 p.m. Kashi Ram (deceased) was coming towards his house in Village Kodra within the limits of police station Sahaspur, District Dehradun. He was surrounded by accused/appellants Bharat Singh, Surat Singh, Virendra Singh and their father Bhaw Singh. Kashi Ram was given blows with lathi and stones by the accused/appellants. On hearing shrieks of the injured Kashi Ram, his brother Omkar Chand (P.W. 2) and other villagers including Dujendra Singh (P.W. 3) and Shrawan Singh (P.W. 4) came out and saw the incident. Accused/appellants left Kashi Ram in an injured condition. Omkar Chand (P.W. 2) along with other villagers took the injured to nearest Sahaspur hospital. On his way to hospital, he (Omkar Chand) asked K.S. Rana (P.W. 1) to go to the police station and lodge the First Information Report against the accused. K.S. Rana (P.W. 1) went to P.S. Sahaspur and lodged First Information Report (Ext. A-1) on the basis of which crime No. 42 of 1994, relating to offence punishable under Section 308 I.P.C., was registered against accused/appellants Bhaw Singh, Bharat Singh, Surat Singh and Virendra Singh at about 9:10 p.m. (on the very day i.e. 04.05.1994). Meanwhile, in the Primary Health Centre, Sahaspur, Dr. Ajay Sharma (P.W. 5) at about 8:40 p.m. (on 04.05.1994) recorded five injuries and prepared injury report (Ext. A-3). He referred the injured to Doon Hospital, Dehradun, for proper medical treatment. On this, P.W. 2 Omkar Chand, brother of injured Kashi Ram, took him to Doon Hospital from where considering the precarious condition of the injured, he was further referred to Post Graduate Institute of Medical Education at Chandigarh. Injured Kashi Ram remained admitted in the hospital at Chandigarh till his death on 11.05.1994, when he finally succumbed to the injuries. The crime was investigated by Sub- Inspector R.K. Sharma (P.W. 9). After death of the deceased on 11.05.1994, police took his dead body in its possession and prepared inquest report (Ext. A-4) on 13.05.1994, at 8:30 a.m. The Investigating Officer further prepared sketch of the dead body (Ext. A-11) and police form No. 13 (Ext. A-10). The witnesses were interrogated by the Investigating Officer. He obtained the document (Ext. A-5) from Post Graduate Institute of Medical Education and Research, Chandigarh regarding homicidal death of the deceased. On completion of investigation, Investigating Officer submitted charge sheet (Ext. A- 9) against all the four accused namely Surat Singh, Bharat Singh, Virendra Singh and their father Bhaw Singh for their trial in respect of offence punishable under Section 304 I.P.C.