MUNSHA SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 14 -10 -1988, passed by the Ses sions Judge, Nainital, in S. T. No. 52 of 1986, whereby the accused/appellants were convicted U/s 302/34 I. P. C. ; 324/ 34 I. P. C. ; 324/34 I. P. C. and 323/34 I. P. C. and each of them were sentenced to imprisonment for life U/s 302/34 I. P. C. ; three years R. I. U/s 324/34 I. P. C. ; further three years R. I. U/s 324/ 34 I. P. C. and six months R. I. U/s 323/ 34 I. P. C. However, all the sentences were to run concurrently.

(2.) THE prosecution version which led to the trial of the accused/ appel lants is as follows : - Km. Maya Kaur, daughter of ac cused Mansha Singh had been engaged with one Shamsher Singh S/o Gurdayal Singh, resident of Village Kalyanpur. Some time later the engagement was broken. Accused Mansha Singh and other - members of his family felt that Kala Singh had played a role which led to the breaking of said engagement. As a result Munsha Singh and his other family members were angry with Kala Singh and his other family members. Two days prior to the present incident, when Kala Singh reached in front of the door of the house of Munsha Singh, on the way to his home, the accused Munsha Singh and his son Santokh Singh made an assault on him. How ever, Kala Singh wriggled out himself from them and ran to his house.

(3.) ON 28 -11 -1985 the investigation was transferred to Sri Kartar Singh, who at the time of the incident was posted as Inspector Incharge at P. S. Sitarganj. The Investigating Officer af ter completing the investigation, sub mitted charge sheet, Ext. Ka. 6 against the accused persons. The report re ceived from Joint Director, Forensic Laboratory, Agra is paper Nos. 17 and 18 on the record.