RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) Accused appellants Ranjeet Singh, Dalip Singh and Bharat Singh, who are real brothers and are resident of village Sem, Patwari Circle Siresain Tahsil Karan Prayag, District Chamoli, were convicted vide order dated 17-9-1988 by Sri O.N. Asthana, the then Sessions Judge, Chamoli under Sections 302/34, I.P.C. regarding murder of Khushal Singh and were sentenced to imprisonment of life, have come up in appeal before this Court.

(2.) According to the prosecution, on 20-8- 1987, at about 8.45 p.m. Bachchi Ram PW 6, who was then working as Gram Pradhan, had called certain villagers including Darwan Singh PW 1, Rajendra Singh son of Udai Singh, Tota Ram PW 4 etc. and informed that the deceased Kushhal Singh was murdered by the accused appellants Ranjeet Singh, Dalip Singh and Bharat Singh. A lot of blood was following in the courtyard of this Pradhan where the deceased was lying dead. On the asking of Gram Pradhan, Darban Singh PW 1, Rajendra Singh, son of Udai Singh, Tota Ram PW 4 and Chandra Ballabh immediately went to village Kasuwa, head quarters of village patwari who is hills exercise powers of police officer and lodged written report Ex.Ka-5 at about 00.30 a.m. on 21-8-1987 with the Naib Tahsildar who was camping in that village at that time . Accordingly the village patwari registered the case crime No. 1 of 1987 and started investigation into the matter.

(3.) Sri Gopal Dutt Patwari PW 9 who was then working as patwari of Sirsain and whose head quarters lay at a distance of about 6 Kms. from the scene of occurrence took up the investigation of the case on 21-8-1987. He rushed to the scene of occurrence and prepared inquest report in respect of the dead body of the deceased and sent the same for post mortem examination. He prepared a site plan Ex. Ka-8 of the scene of occurrence and after preparing the necessary papers sent the dead body of the deceased for post mortem examination. He recovered the blood stained and simple earth from the scene of occurrence and prepared the recovery memoes Ex. Ka-10 and 11 about the same. He got Bushirt, Katcha and Dhoti removed from the dead body of the deceased and sealed them in a separate cover. He recovered blood stained knife on the pointing out of the accused Bharat Singh from the latters house. After needful investigation into the matter, he filed a charge sheet against the accused appellants and their mother Smt. Kusberi Devi. After commital of the case to the Court of Session, the learned Sessions Judge charged the accused appellants under Sections 302/34, I.P.C. He also charged their mother Smt. Kusberi Devi under Sections 302/109, I.P.C. The accused appellants and their mother pleaded not guilty. After proper trial into the matter, the learned trial Judge acquitted Smt. Kusberi Devi. He convicted and sentenced the accused appellants as aforesaid, hence this appeal before this Court.