STATE OF UTTAR PRADESH Vs. SOBAN SINGH

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 21-02-1987, passed in Sessions Trial No. 35 of 1985, by learned Ses sions Judge, Tehri Garhwal, whereby the accused (present respondents) are ac quitted of the charge of offences pun ishable under Section 302 read with Section 34 and under Section 498-A read with Section 34 of the Indian Pe nal Code, 1860 (hereinafter referred as I. PC. ). The leave to appeal was granted by the Allahabad High Court on 30-04-1992, as this appeal was initially filed there on 05-06-1987. This appeal is re ceived by transfer to this Court under Section 35 of the U. P Reorganization Act, 2000, for its disposal.

(2.) WE heard learned counsel for the parties and perused the entire evidence on record.

(3.) THE first information report (Ext. A-l) lodged by P. W. I Khaddu Singh is dated 14 August 1985 i. e. subsequent to the first information report (Ext. A-2) lodged by accused / respondents Soban Singh. But the first information report (Ext. A-l) which reached the police sta tion through Sub Divisional Magistrate, was actually registered at the police sta tion on 1/-08-1985. and a case under Section 149. 302 and 498-A of I. P. C. (Crime No. 01 of 1985) was registered against the accused / respondents Soban Singh. Bharat Singh. Bachan Singh. Chait Singh. Sauna Devi, wife of Chait Singh (Munni Devi) and wife of Bharat Singh (Chhaini Devi ). THE crime was ini tially investigated by P. W. 11, Beer Sen Yadav, Inspector In-charge, police sta tion Tehri and, thereafter, P. W. 15 G. S. Thapa, Deputy Superintendent of police took over the investigation, who submit ted charge sheet (Ext. A-13) against all the seven accused / respondents, for their trial in respect of offences punish able under Section 149, 302 and 498-A of I. P. C. Before that witnesses were interrogated by the Investigating Offic ers and site plan (Ext. A -6) was pre pared, during investigation. It is pertinent to mention here that before the investi gation started, inquest report (Ext. A -7) had already been prepared on 13-08-1985, after the unnatural death reported by accused Soban Singh to the police and sketch of the dead body (Ext. A-8), police form No. 13 (Ext. A -9) and let ter (Ext. A-10) to the Chief Medical Officer for postmortem examination, were prepared. THE postmortem exami nation had also been conducted on 13-08-1985 by Dr. Y. S. Rana, who pre pared the report Ext. A-12, of the same.