STATE OF UTTARANCHAL Vs. TEJ SINGH

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This is a Government Appeal against the judgment and order dated 29-09-1980 passed by Sri B. B. L. Hajelay, the then Sessions Judge, Pithoragarh in S. T. No. 33/1979, whereby the respondent - Tej Singh was acquitted under section 302 IPC.

(2.) BRIEF facts of the case are that on 24-10-1979 Gopuli Devi PW2 and her husband-Prem Singh (deceased) were in their field at Bujartok. At about 4 pm they were weeding grass from their veg etable field. At some distance Pushpa Devi and Ganga Devi PW3 were also cutting grass. There was a Gadhera (small water channel) near the fields. The husband of Gopuli Devi PW3 went to pass motion towards that Gadhera and asked her to go home with vegeta bles. She, however, did not go home but remained in the field. She started cut ting grass and bushes in her field and at that time the sound of gun shot took place and her husband's words "oh Ram" fell in her ears. Gopuli Devi PW2 then saw towards her husband and saw the accused-respondent with a gun in his hand. At that time Pushpa Devi and Ganga Devi PW3 also reached there and the accused went upwards. Gopuli Devi PW2 then sent Pushpa Devi to give in formation at home and Trilok Singh and Dan Singh arrived at the spot with Pushpa. They carried the injured on the back and after arranging a 'doli' they carried him to Kanalichhina hospital where the injured has succumbed to his injures. Thereafter, on 25-10-1979 at about 8 AM Trilok Singh PW1 lodged a report before the Patti Patwari, Bishna Khan. The police investigated the mat ter and submitted the chargesheet before the court under section 302 IPC.

(3.) THE prosecution has also ad duced the evidence of Indra Bahadur (PW6 ). He was the Investigating Officer of this case. Report Ex. ka. 1 was brought to him by Trilok Singh PW1. Indra Bahadur PW6 prepared Panchayatnama Ex. ka. C. , photo lash Ex. ka. 9, challan lash Ex. ka. 10 and site plan etc. THE in vestigation was taken up as usual which culminated into the submission of the chargesheet.