GOPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused-appellant Gopal Singh, who was convicted by Sri B.L.Hajelay, the then Sessions Judge, Pithoragarh, under Section 304(I), I.P.C.and under Section 324, I.P.C.vide judgment and order dated 5/04/1980 and was sentenced to undergo R.I.for a period of five years under the first count and 18 months under the second count has come up in appeal before this Court.

(2.) The prosecution story, briefly stated, is as follows : The deceased Vikram Singh, injured Mohan Singh P.W.5 and complainant Naresh Singh P.W.1 were all real brothers. They were resident of Village Karayat, patti Bisung, District Pithoragarh. The accused-appellant Gopal Singh was Bahnoi of Vikarm Singh and others. P.W.8 Smt. Sarswati Devi was wife of the accused, who was married to him about 2-3 years before the date of occurrence of this case. The prosecution claimed that there was an old enmity in between the family of the deceased and the accused. Smt. Sarswati Devi was married to the accused by her father for making the relations of the two families cordial, but despite this marriage the relations of the deceased and the accused-appellant continued strained.

(3.) On 17-9-78, the injured Mohan Singh had gone to play foot-ball at Lohaghat District Pithoragarh. After playing foot-ball, he returned along Gopal Singh P.W.6 and Diwan Singh P.W.4 some-time in the evening. At about 9 or 9.30 a.m. Mohan Singh, Diwan Singh, Gopal Singh were sitting for purposes of taking dinner. On hearing the noise of the deceased Vikram Singh, they came out and saw the accused Gopal Singh having a knife in his hand and the shirt of the deceased was lying on the ground. Mohan Singh injured P.W.tried to pacify the accused-appellant. Thereupon, accused-appellant assaulted Mohan Singh by means of the knife. He, thereafter, assaulted the deceased Vikram Singh and caused injuries on the chest of the deceased. The deceased fell down and died. The mother of the accused-appellant came there. Diwan Singh P.W.4 and mother of the accused-appellant took the accused to his house. Naresh P.W.1 the brother of Mohan Singh lodged a written report Ex. Ka-12 with the Patwari Karna Karayat. P.W.9 Hariram Tamta who was working as Patwari/Police Officer Karna Karayat took up the investigation of the case. He recorded the statement of Nareh Singh P.W.1 and rushed to Lohaghat hospital where he found injured Mohan Singh. He, thereafter, came to the scene of occurrence. He prepared the inquest report in respect of the dead body of the deceased and sent the same for post mortem examination. Sri Hari Ram Tamta recovered blood stained earth from the scene of occurrence and prepared recovery memo in respect of the same. He inspected the scene of occurrence and prepared site plan, Ex. Ka-16. He arrested the accused at about 10 a.m. on 18-9-78 from his house and recovered blood stained knife, which was used in causing injuries to the deceased and Mohan Singh, at the instance of the accused. He also recovered pant which was stained with blood. He recorded the statement of Diger Singh, Jarnan Singh, Gopal Singh son of Narayan Singh, Smt. Sarswati Devi and Diwan Singh and after needful investigation into the matter, submitted chargesheet against the accused.