UTTAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal filed by the appellant Uttam Singh against his conviction and sentence under Section 302, IPC passed by the Sessions Judge, Nainital in Sessions Trial No. 95 of 1982.

(2.) Briefly, stated the facts of the case are that the informant Amarjeet Singh and deceased Thakur Singh were real brothers. Their sister Indra Bai Kaur is married to one Kundati Singh, resident of Feeka Barrage Bhojpur Dam, district Nainital who had a son namely Pokhan Singh. On 17-3-82, at about 5.30 p.m. the deceased Thakur Singh and his brother Amarjeet Singh were going to village Reeka Barrage Bhojpur Dam to meet their sister Indra Bai Kaur. When they reached near the house of Smt. Indira Bai Kaur, they found their sister and her husband absent. They met their nephew (Bhanja) Pokhar Singh in the house. Taking him along with them, they proceeded towards nearby field where Kundan Singh had gone. They were going on a pathway which passed through the field and near the house of the appellant Uttam Singh. Uttam Singh armed with Barchha and his son Surjeet Singh armed with a lathi enquired from Thakur Singh and Amarjeet Singh whether they had come to abduct Surjeet Kaur, the daughter of Uttam Singh. They denied and said that they were going to the field of Kundan Singh. Not being satisfied, Surieet Singh accosted his father to kill them whereupon the appellant Uttam Singh attacked Thakur Singh with barchha causing one injury to him. At that time Amarjeet Singh also had a danda which he yielded causing injuries to Uttam Singh. Thakur Singh was taken to Jaspur Police Station first and then to the Hospital. There he was examined by Dr. D. C. Dhyani, the same day at 9 p.m. He, however, succumbed to the injury on 19-3-82 post mortem examination was conducted by Dr. J. C. Arora on 19-3-82 at 3.30 p.m.

(3.) Dr. D. C. Dhyani (PW 5) found one incised and punctured wound on epigestric region 7 cm x 3 cm vicera deep downward and laterally towards mid injunial ligament. Injury was fresh and bleeding. In the post mortem examination as conducted by Dr. J. C. Arora one stitched wound 11 cm over epigestric, region and abdomen vertical oblique towards right side was found. Pleura on lower lobe of right lung and inner side of lower lobe of right lung were lacerated. Diaphragram was lacerated and right side of chest was full of blood. Small and large intestines and also the liver were lacerated. In the opinion of the doctor death was caused on account of haemorrhage and shock due to ante-mortem injuries.