BHAJAN SINGH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARANCHAL
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U.C.DHYANI, J. -
(1.) ONE Kastoora Devi
wrote a complaint to Patti Patwari, Kankhul,
District Chamoli, on 05.11.2005, regarding
the killing of her husband Awal Singh.
(2.) ACCORDING to the informant Kastoora Devi, her husband left the house on
01.11.2005 in the morning. Awal Singh said that he was going to village Ganoli. Awal
Singh did not return by the evening. The next
day i.e. on 02.11.2005, at 5:00 a.m., her fellow villager Bhajan Singh came to her house
and enquired about her husband. Bhajan
Singh then left for Silangi market. Subsequently, at 11:00 a.m., some family members
of the informant disclosed her that her
husband's dead body was lying in a pathway.
Such pathway was situated in village Ganoli.
It was learnt that Bhajan Singh and Awal
Singh were coming back from village Ganoli.
Although Bhajan Singh reached his village,
but Awal Singh did not. Bhajan Singh did
not participate in the cremation of Awal
Singh. Some people saw Bhajan Singh dragging the body of Awal Singh when they were
coming from Ganoli to their village. On account of such suspicion, the complaint was
given to Patti Patwari, Kankhul, which was
registered as case crime No. 02 of 2005 for
the offence punishable under Section 302
IPC. On the basis of such first information
report, the investigation began.
Pw 7 Ashok Kumar, Patwari, inspected the place of occurrence, conducted inquest,
prepared inquest report, prepared site plan,
referred the dead body of Awal Singh for
post-mortem, took the statement of Kastoora
Devi, prepared site plan, effected arrest of
accused Bhajan Singh, took the statements
of witnesses on different dates and lastly, submitted charge-sheet (Ext. Ka-3) against the
accused in relation to the offence punishable
under Section 302, IPC.
(3.) WHEN the trial began and prosecution opened its case, charge for the offence punishable under Section 302, IPC was framed
against the accused Bhajan Singh, to which
he pleaded not guilty and claimed trial. Seven
prosecution witnesses, namely, PW 1
Kastoora Devi, PW 2 Prithvi Singh, PW 3
Shakuntla, PW 4 Himmat Singh, PW 5
Dhirendra Singh, PW 6 Doctor V. P. Singh
and PW 7 Ashok Kumar were examined on
behalf of prosecution. Incriminating evidence
was put to the accused under Section 313,
Cr.P.C, in which he denied the allegations
and said that he was falsely implicated in the
case. No evidence was given in defence. After considering the evidence on record,
learned trial court convicted accused-appellant Bhajan Singh for the offence punishable
under Section 302, IPC. He was sentenced
to undergo imprisonment for life and a fine
of Rs. 20,000/- in connection with such offence. Aggrieved against the order of conviction and sentence, present criminal appeal
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