SURJIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. C. Kandpal, J. Both these appeals arising out of the same judgment were taken up for hearing to gether and are being disposed of by this common judgment. 2. The accused/appellants have been convicted by the judgment and order dated 11-2-1988, passed by Addl. Ses sions Judge, Nainital, in S. T. No. 131/ 1984, whereby both the appellants were convicted U/s 302/34 I. P. C. and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- each and in default of payment of fine to further undergo four months S. I. Appel lant Surjit Singh was further convicted U/s 25 of the Arms Act and was sen tenced to undergo three months R. I. All the sentences were to run concurrently. 3. Briefly stated the prosecution case is that on 13-11-1985, complain ant Khim Singh lodged a written report, Ext. Ka. 1 at the Police Station, Kaladhungi with the allegations that on 12-11-1985 he had gone to Village Hanpura and at about 10 P. M. he re turned to his house from Haripura then he saw that his younger brother Vinod Kumar was lying dead due to injuries on his person and on enquiry Dhyan Singh his another younger brother, his sister and children told him that at about 6 RM. accused Surjit Singh and Anand Sherpa took Vinod Kumar to the plot. At about 9. 30 RM. Lachhaman Singh told them that shrieks of some person were coming out from a plot where chowkidars live and on this information his brother Dhyan Singh and Madho Ram, a neighbour and his sister Padma Devi rushed to the spot and they brought his brother to the home whose condition was precarious and after some time, he breathed his last. On the basis of the written report, police registered a case U/ S 302 I. P. C. against the accused persons on 13-11-1985 at 7. 30 A. M. Thereafter. J. S. Aswal. S. O. alongwith other po lice personnel proceeded to the spot for investigation. The S. O. prepared Panchayatnama, Ext. Ka. 2 of the dead body in the presence of witnesses. The dead body was sealed on the spot and sent for postmortem. The police also took into possession bloodstained clothes of the deceased, viz. an old pant, one shirt, under shirt (material exhibits 2, 3 and 4) and prepared recovery memo, Ext. Ka. 3. The Police also took posses sion of sweater (jersey) (Ext. 1) of the accused Surjit Singh from the spot, vide recovery memo, Ext. Ka. 4. The I. O. also took into possession the simple and blood-stained earth at the spot (mate rial Exts. 6 and 7) vide recovery memo Ext. Ka. 5. On 13-11-1985 the I. O. ar rested the accused Surjit Singh and dur ing interrogation he confessed his guilt and recovered the weapon of assault, i. e. knife (Ext. 5) at the pointing of ac cused Surjit Singh from nearby the place of occurrence, hidden underneath the grass. The I. O. prepared recovery memo Ext. Ka. 6 and sealed the knife and sub mitted it at the police station, entry of which was made in the G. D. by the Head Constable Gopal Dutt, copy of which is Ext. Ka. 10. The I. O. also pre pared site-plans, Ext. Ka. ll of the place of the occurrence and Ext. Ka. 12 of the place from where the accused Surjit Singh handed over the knife to the I. O. The recovered articles were also sent to Agra for chemical examination. On com pletion of investigation the I. O. submit ted charge sheet, Ext. Ka. 13 against the accused persons. 4. On committal of the case, learned Sessions Judge framed charge U/s 302 read with Section 34 I. P. C. against the accused persons, to which they pleaded not guilty and claimed to be tried. 5. The prosecution to establish its case produced P. W. I, Khim Singh, P. W. 2, Smt. Padma Devi, P. W. 3, Dhyan Singh, P. W. 4, Smt. Tara Devi, P. W. 5, Chandra Sen, P. W. 6, Narain Chandra, PW. 7, H. C. Gopal Datt, P. W. 8, Dr. J. S. Pangtey and P. W. 9, Jagdish Singh Aswal. 6. PW. 1, Khim Singh is the com plainant. He has deposed as to how he got the information about the death of his brother Vinod Kumar on his return from Village Haripura on the day of the occurrence. He deposed that the report of the incident was lodged by him at 7 A. M. on 13-11-1985 at PS. Kaladhungi. 7. P. W. 2 Smt. Padma Devi and P. W. 3, Dhyan Singh, both have nar rated that on the day of the occurrence at about 6 P. M. their brother Vinod Kumar was called and taken by the ac cused persons from their house and took him towards the plot. Thereafter Vinod Kumar did not return back. At about 8 RM. Lachhman Singh came to them and told that some shrieks were coming out from the plot. On this they both along with neighbour Madho Ram went to the plot and saw that Vinod Kumar was lying naked having injuries on his person. His clothes were blood-stained. Thereafter they brought Vinod Kumar to their house where he breathed his last. In the night on the same day at about 9. 00 P. M. their brother Khim Singh reached there and he was told the whole incident. 8. P. W. 4, Smt. Tara Devi, has de posed that the deceased was her 'dewar'. This witness also corroborated the statement as given by P. W. 2 Smt. Padma Devi. 9. P. W. 5, Chandra Sen is the wit ness of recovery of jersey, pant, shirt and undershirt. He also proved the recovery memos Ext. Ka. 3 and Ka. 4. He also proved the fard taking into possession of simple and blood-stained earth. Ext. Ka. 5. This witness further has deposed that knife, Ext. 5 was recovered at the instance of accused Surjit Singh from the spot and fard, Ext. Ka. 6 was also prepared on the spot. 10. P. W. 6, Narain Datt is the wit ness of inquest and also of the recovery of various articles during the investiga tion. He has narrated about the recov ery made by the police. 11. P. W. 7, H. C. Gopal Datt has pre pared the chick report, Ext. Ka. 7 on the basis of the written complaint and proved the entry regarding report No. 8 dated 13-11-1985, Ext. Ka. 8. 12. P. W. 8, Dr. J. S. Pangtey has con ducted post mortem examination on the dead body of Vinod Kumar on 14-11-1985, at 11 A. M. in the Civil Hospital Haldwani. The Medical Officer found the following anti mortem injuries on the person of the deceased : 1. Lacerated wound 2 x 1cm x mus cle deep, right side of forehead, 1/2 cm above right eyebrow, clot ted blood present.

(2.) BRUISING 3 x 1/2 cm in area of outside of forehead and right side of fore head, 2 above right eye brow reddish in colour.

(3.) MULTIPLE abrasion on lower right side of chest, upper abdomen both front and back in size 10 x2cm to 5cm x 2cm redish in col our.