KEDAR SIGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is received through the Superintendent of District Jail, Dehradun, by accused/appellant Kedar Singh who has been convicted vide judgment and order dated 24.04.2009, passed by Sessions Judge, Rudraprayag, in Sessions Trial No. 11 of 2008, whereby he has been convicted under section 304 and 328 IPC. The accused/appellant has been sentenced to rigorous imprisonment for a period of ten years under section 304 IPC, and rigorous imprisonment for a period of five years, and directed to pay fine of L 5,000/- under section 328 IPC. Heard learned counsel for the parties, and perused the lower court record.

(2.) Prosecution story, in brief is that P.W. 1 Mangal Singh lodged First Information Report (Ex. A1) with Patti Patwari Guptkashi, Tehsil Ukhimath, that on 24.01.2008, his cousin Kundan Singh (one of the deceased) came in a drunken state in the evening and got unwell. When son of Kundan Singh came to him, and told that his father was quarreling with his mother, the complainant went to his house where Kundan Singh told him that he purchased liquor from Kedar Singh (present appellant) and feeling unwell. Treating it to be not a unusual incident, complainant Mangal Singh (P.W. 1) left his cousin Kundan Singh at his home. On the next morning Kundan Singh was found dead. Suspecting that Kedar Singh had sold spurious liquor the FIR was lodged (In Uttarakhand hills certain Revenue officials have police powers). On the basis of said report crime no. 1 of 2008, was registered. Since on the same day three other persons namely Balwant Singh, Umed Singh and Jagdish Lal also died in similar fashion the investigation was transferred from revenue police to regular police, and Station Officer Rudra Singh Pal (P.W. 12) investigated the crime after making necessary entry in the General Diary. Post mortem examination on the dead bodies was conducted by P.W. 10 Dr. Govind Pujari of Government Joint Hospital, Srinagar (Pauri Garhwal) on 25.01.2008, after the sealed dead bodies were sent by the Investigating Officer alongwith inquest report and other necessary police papers. After post-mortem examination, Dr. Govind Pujari prepared autopsy reports (Ex. A4, Ex. A5, Ex. A6 and Ex. A7) and in all the four cases the medical officer opined that cause of death could not be ascertained, and visceras were preserved. The Investigating Officer got sent the visceras to Forensic Laboratory, Agra. As per the reports (Ex.A10, Ex. A11, Ex. A112 and Ex. A13) received from Forensic Science Laboratory, Agra, contents of the viscera of aforesaid four deceased found containing organochloro insecticide with ethyle alcohol. Meanwhile, the Investigating Officer interrogated the witnesses and after completion of investigation, charge sheet (Ex. A45) was filed against the accused Kedar Singh, and two others Naraini Devi and Prem Singh, for their trial in respect of offences punishable under section 328 and 304 IPC.

(3.) The Chief Judicial Magistrate, Rudraprayag, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, Rudraprayag, on 31.05.2008, after hearing the parties framed charge of offences punishable under section 328 and 304 IPC, against the accused/appellant Kedar Singh and two others namely Naraini Devi and Prem Singh. They pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Mangal Singh (complainant), P.W.2 Jas Pal, P.W. 3 Kalam Singh, P.W.4 Rajendra Lal @ Raju Lal, P.W. 5 Ram Bharose (declared hostile), P.W. 6 Surendra Singh, P.W.7 Virendra Singh, P.W. 8 Rajendra Singh, P.W.9 Prakash Singh, P.W.10 Dr. Govind Pujari (who conducted post-mortem examination) P.W.11 Constable Surendra Singh and P.W. 12 Rudra Singh Pal (Investigating Officer). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which the accused/appellant pleaded that evidence adduced against him is false. However, no evidence in defence was adduced. The trial court after hearing the parties found that charge of offences punishable under section 304 and 328 IPC, is proved as against accused Kedar Singh, and convicted him accordingly. As against other two accused namely Naraini Devi and Prem Singh the trial court found that charge stood not proved beyond reasonable doubt, and they were acquitted. After hearing on sentence, convict Kedar Singh was sentenced to rigorous imprisonment for a period of ten years under section 304 IPC, and rigorous imprisonment for a period of five years, and directed to pay fine of L 5,000/- under section 328 IPC. Aggrieved by said judgment and order dated 24.3.2009, passed by the Sessions Judge, Rudraprayag, this appeal is got sent by the convict from District Jail, Dehradun.