SATNAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 28/6/2004 passed by the Additional District Judge/3rd Fast Track Judge, District Nainital, in Session Trial No. 397 of 1997, State v. Satnam Singh whereby, the appellant was found guilty for the offence punishable under Sec. 307 IPC, and was sentenced to undergo four years' rigorous imprisonment under Sec. 307 IPC.

(2.) Brief facts of the present case, inter alia, are that on 11/11/1996 at about 7:30PM, near the husk of Jaswant Singh-informant, the accused Satnam Singh and Santokh Singh stared the crackering on which the brother of the informant stopped them not to do so. On which those did not stop and all of a sudden some husk was got fired because of being blown crackers by them. Then the accused started abusing to his brother, thereafter Santnam Singh took out knife and Santokh Singh took out sword, the accused Satnam Singh stab knife in the abdomen of his brother and on account of which his brother fell down on the spot. This incident was seen by informant along with Balbeer Singh, Jageer Singh and saved Hardayal Singh, thereafter the said accused run away from the spot. Therefore, the report lodged on the basis of information given by the informant-Jaswant Singh.

(3.) The Investigating Officer during investigation prepared the site map after inspecting the place of occurrence and took the photographs of the place of occurrence.