- (1.) These three appeals arise out of the judgment and order dated 1st December, 2004, passed by the Uttaranchal High Court dismissing the appeal filed by the appellants herein (Criminal Appeal No. 851/01) against the judgment and order of the Sessions Judge, Almora, in ST No.36 of 1987, convicting the appellants under Sections 302/34, 201/34 and 394 Indian Penal Code. One of the accused, Ratan Singh, died during the trial which abated against him and continued against the other accused persons.
(2.) According to the prosecution, on 26th February, 1987, the deceased Bhupal Singh @ Joga Singh of village Sain Bagaria, District Almora, Uttaranchal, went to the Mela held at village Dabra on the occasion of Shiv Ratri along with his wife and two children. He had taken an amount of Rs.3,000/- with him for purchasing two bullocks and a goat. While at the Mela, he met Gusain Singh and remained at the Mela with his wife and children till 4.30 p.m. when he sent them back to their village after telling them that he would return on the next day. Thereafter, Bhupal Singh and Gusain Singh came back to the Mela and found several persons, including the accused Mohan Singh, Har Singh, Ratan Singh and Lachham Singh, gambling in front of the tea stall of one Bhuwan Singh. Bhupal Singh also joined in the gambling and won Rs.200/- from Mohan Singh and Rs.600/- from Lachham Singh. When it started to get dark, Bhupal Singh stopped gambling as he had to go to Village Bhaisora with Gusain Singh.
(3.) It was also the prosecution case that the above-named accused persons followed Bhupal Singh and asked him to continue the gambling so that they could have a chance to recover the money which they had lost. In the alternative, they asked Bhupal Singh to return the money which he had won in the gambling in front of the tea stall of Bhuwan Singh. Bhupal Singh refused to listen to either of the two proposals. Thereafter, accused Mohan Singh allegedly lifted Bhupal Singh and threw him on the ground with force. When Gusain Singh tried to intervene in an attempt to save Bhupal Singh, he was also threatened by the accused as a result whereof he ran away from the place. He has, however, come out in his evidence with the statement that while fleeing the place he had hidden in a nearby wheat field from where he heard Bhupal Singh requesting the accused not to kill him and subsequently even the said sounds ceased. When Bhupal Singh did not return to his house even after the second day, his mother, Smt. Chana Devi and Shri Soor Singh came to Gusain Singh's house on the third day to enquire about him. Gusain Singh is reported to have told them about the entire incident and then all of them went to the place of occurrence, known as Khuti Aam, to search for the body of Bhupal Singh, but the same could not be found. Thereafter, a written complaint was filed by Smt. Chana Devi at Bhatroajkhan Police Station on 2nd March, 1987.;