ANAND SINGH @ ANI S/O HIRA SINGH, R/O RAITOLI PATTI KHITOLI, TEHSIL BERINAG DISTRICT PITHORAGARH Vs. STATE

JUDGEMENT

(1.) This Criminal Jail Appeal, U/S 374(2) of the Cr.P.C. has been preferred against the judgment and order dated 27-10-2005, passed by Sessions Judge Pithoragarh, in Sessions Trial No. 10/2005, State Vs. Anand Singh, convicting the accused appellant Anand Singh U/S 302 I.P.C. and sentencing him to undergo life Imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo R.I. for two months.

(2.) The prosecution case in brief is that Smt. Lila Devi residents of village Naini Patti Chaudmanya Tehsil Berinag District Pithoragarh lodged a written report at Patwari Circle Chaudmanya on 17-4-2004 at 7 A.M. with the allegation that at about 1 A.M. in the night of 16-4-2004 and 17-4-2004, she along with her husband Faqir Singh was sleeping at her village house, Anand Singh @ Ani came at her house premises and challenged them to come out as he had come there to thrash their wheat. (In this hilly region 2 the sense of thrashing the wheat is to challenge any one to beat him). At this the complainant asked him to go as they had no wheat for thrashing. The husband of the complainant Faqir Singh came in the house premises after opening the door and asked the accused Anand Singh not to disturb them and go away. The complainant Smt. Lila Devi also reached in the courtyard and told her husband not to scuffle with the accused and asked her husband to go inside the house. At this Anand Singh gave a blow on the head of Faqir Singh by the Danda which hewas having with him. Receiving Danda blow Faqir Singh fell down on the ground. The Danda broke down. Suddenly the accused picked up another Danda from the house premises and gave another blow at the head of Faqir Singh due to which he died at the spot. On the cries of the complainant neighbours also arrived at the spot till then the accused had gone away from there and he could not be caught red handedly by the persons collected there.

(3.) On the basis of written report, Ext. Ka.2, the Patwari of the Circle prepared chick F.I.R. Ext. Ka.4 on the same day and registered a case against the accused U/S 302 I.P.C. as case crime No. 1/2004 and started the investigation in the case. He visited the place of occurrence and prepared the inquest report Ext. Ka.5. He inspected the place of occurrence and took into possession the blood-stained and simple earth vide memo Ext. Ka.6. Thereafter the Investigating Officer in presence of witnesses took into possession the Lathi/Dandas which were used by the accused in committing the 3 murder of Faqir Singh and prepared memo Ext.Ka.3. He also prepared site-plan of the place of occurrence Ext. Ka.9. The I.O. got arrested the accused in the evening on of the day of occurrence itself and prepared arrest memo Ext. Ka.7. He also seized the wearing clothes of the accused vide memo Ext.Ka.8. The Patwari prepared letter to C.M.O. Ext.Ka.11, police Form No. 13, Ext. Ka.12, sketch Laas Ext. Ka.13, sealed the dead body and prepared sample seal Ext. Ka.14 and sent the dead body for post mortem. Thereafter the Patwari also wrote letter Ext. Ka.10 to C.M.O. for sending the cloths of deceased, cloths of accused and the earth seized by him for chimical examination. The above articles were sent to Chimical Examiner Agra by Judicial Magistrate Didihat vide letter Ext. Ka.15. The Chemical Examiner has sent his report Ext. Ka.16.