J.C.S.RAWAT, J. - (1.)This Government Appeal has been filed against the judgment and order dated 31-7-1989 passed by Shri K. N. Upadhyaya, the then IInd Additional Sessions Judge, Nainital in S. T. No. 152/ 1980, State v. Sohan Singh & others acquitting the respondents-accused under Sections 302 r/w 34 I. P. C. and Section 326 r/w 34 I. P. C.
(2.)The facts, in nutshell, are that on 6-6-1980 at about 6 a.m. the complainant Nirmal Singh PW 3 and his father Subba Singh were ploughing the fields. The accused persons i.e. Sohan Singh, Arjun Singh and Pyara Singh armed with 'lathi', 'bhala' and 'gadasa' respectively came there. Sohan Singh asked Subba Singh as to why he had broken down the Mead (mud boundary) of their fields and his ox had eaten the sugarcane from the field of the accused persons. On this, the deceased Subba Singh replied him that as to why he was fighting with him, and it generally happened at the time of ploughing. Subba Singh further replied him that he had no intention to break down the mud boundary. But, the accused persons did not agree with him and they assaulted the father of the complainant by 'lathi', 'bhala' and gadasa'. Consequently thereupon, the father of the complainant sustained grievous injuries on his person. It was further alleged that the accused persons would also have received some injuries on their person at the time of incident when Subba Singh tried to defend himself by a 'lathi' which was available with him. The motbsr of the complainant i.e. Smt. Kartar Kaur PW 4 and his sister also came at the spot at the time of incident. When Smt. Kartar Kaur PW 4 tried to rescue her husband, the respondents accused assaulted her also. Thereafter, the accused persons respondents fled away from the scene of occurrence. Thereafter, the injured Subba Singh was taken to the police station on a bullock-cart by his son Nirmal Singh PW 3 and wife Smt. Kartar Kaur PW.4. When they reached near the gate of police station the injured was found dead. A report of the incident was lodged on the same day i.e. 6-6- 1980 at about 7:50 am. The police prepared the inquest report Ex. Ka. 6 of the dead body of the deceased and also prepared photo lash Ex. Ka. 13. The dead body of the deceased was sent for postmortem.
(3.)The investigation was taken up which culminated into the submission of the charg;esheet. After submission of chargesheet the respondents-accused were committed to the Court of Sessions for trial and the trial Court framed charges against the respondents accused. The respondents- accused denied charge levelled against them and claimed the trial.
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