MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the judgment and order dated 10-08- 1987, passed by the Special Judge/addl. Sessions Judge, Nainital, in S. T. No. 216/1984, whereby the accused/appellant was held guilty for an offence U/s 302 I. P. C. and sen tenced to undergo imprisonment for life.

(2.) THE prosecution version which led to the trial of the accused/appellant is as follows : Janardan Pathak was the Gate keeper of Tada Crossing Peepal Parao Range. On 17-6-1984, in between 6. 50 P. M. and 7. 15 P. M. , at Tanda crossing, P. S. Lalkuan, when Janardan Pathak was coming from his hut and proceed ing towards tea shop, accused/appel lant Mahendra Singh (hereinafter called as appellant), who was a police consta ble, fired shot at him with his service gun, who died on the spot due to gun shot injury. THE motive for commission of murder of the deceased was that the deceased had complained to the Head Constable PS. Lalkuan about the wrong activities of the accused. After the incident, the appellant informed the police that shot was fired from his serv ice gun and got a case registered at PS. Rudrapur under Sections 342, 353, 332 I. P. C. THE rifle and cartridges were deposited at the police station vide fard Ext. Ka. 5. THE appellant had also inju ries on his person, hence he was sent to hospital along with Head Moharir for treatment. S. I. J. P. Singh along with po lice force went at the place of the inci dent. At the spot D. F. O. and A. C. F. were present and they wanted that the inquest of dead body of deceased be got done by S. D. M. , hence the dead body of the deceased was brought to RS. Rudrapur and the inquest on the dead body was performed by Addl. S. D. M. on 18-6-1984 in between 10-30 A. M. and 11. 00 A. M. and inquest re port, Ext. Ka. 2 was prepared and sealed the dead body. THE Addl. S. D. M. got prepared police form No. 33, Ex. Ka. 15, sketch dead body, Ext. Ka. 18, sample seal, Ext. Ka. 19, let ters to Medical Officer, Civil Hospital, Haldwani Ext. Ka. 16 and Ka. 17, and sent the dead body for post mortem.

(3.) THE investigation of the case was conducted by Ajai Pal Singh. On 17 -6 -1984 he went at the spot and took into possession the blood -stained and simple earth vide recovery memo, Ext. Ka. 4. THE blood - stained earth and the Tahmad, underwear and undershirt of the deceased were sent for chemical ex amination. THE Chemical Examiner has submitted its report, Ext. Ka. 27. Ac cording to this report the earth, Tahmad, underwear and undershirt had disintegrated blood -stains. He re corded the statement of Chatur Singh and on 18 -6 -1984 inspected the spot and prepared site -plan, Ext. Ka. 6, of the place of occurrence. On 19 -6 -1984 the I. O. took into possession a rifle and a 303 bore cartridge duly sealed from PS. Rudrapur and handed over at PS. Lalkuan, the entry of which was made at report No. 39 at 0. 45 P. M. , Ext. Ka. 10. On transfer of this witness, the rest investigation was conducted by S. O. B. K. Juyal, who after completion of investigation, submitted charge sheet, Ext. Ka. 7 against the appellant.