JAGAT SINGH AND ORS. Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-9-115
HIGH COURT OF UTTARAKHAND
Decided on September 20,2012

JAGAT SINGH AND ORS. Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) CRIMINAL law was set into motion at the instance of Lal Singh S/o. Ram Singh, resident of Village Duni, Gangolihat, District Pithoragarh, who wrote a complaint to Officer In -Charge, reporting outpost. Gangolihat, within the jurisdiction of police station Berinag, enumerating the facts therein that some cattle entered into the field of Jagat Singh, a neighbor of informant Lal Singh. The family members of Jagat Singh accused Lal Singh of permitting the cattle into his field. An altercation took place between Lal Singh and family members of Jagat Singh. Jagat Singh hurled abuses at Lal Singh's mother Parwati Devi. Despite being requested not to do so, Jagat Singh carrying dao (a sharp edged weapon), Narendra Singh armed with basula (carpenter's axe), Parwati Devi (daughter of Jagat Singh) carrying moosal (a grinding instrument) and Hanuman carrying dao (a sharp edged weapon) started beating informant's mother. They dragged Parwati Devi (mother of Lal Singh). Lal Singh, his sister Km. Govindi and brother Harak Singh tried to save their mother, but they were also beaten up by the accused persons. Parwati Devi (mother of Lal Singh) was beaten to death. It was alleged in said report that said incident took place on 18.01.2001, at 02:00 P.M. Lal Singh and others were witnesses to the said incident.
(2.) ON the basis of said report, chick FIR was registered on 18.01.2001, at 04:00 P.M. against all the four accused persons in respect of offences punishable under Sections 302, 324, 323 of IPC The incident took place on the selfsame date at 02:00 P.M. The distance between reporting outpost Gangolihat and the place of occurrence was 25 Kms. Hence, there appeared to be no delay in lodging the FIR. Investigation started on the basis of said FIR. After completion of investigation, a charge sheet in respect of offences punishable under Sections 302, 323, 324 and 307 of IPC was submitted against Jagat Singh, Narendra Singh, Parwati Devi (daughter of accused Jagat Singh) and Hanuman Singh. When the prosecution opened the case, charges for the offences punishable under Section 302 read with S. 34, S. 307, S. 324 read with S. 34 and S. 323 read with S. 34 of IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial.
(3.) EIGHT witnesses were examined on behalf of prosecution. They were - P.W. 1 Lal Singh. P.W. 2 Km. Govindi, P.W -3 Dr. B.R. Singh, P.W. 4 Harak Singh, P.W. 5 Dr. Brij Mohan Singh Tolia, P.W. 6 Constable Jasvir Singh, P.W. 7 Gopal Ram and P.W. 8 Sub Inspector Ram Avtar Singh. However, no evidence was adduced on behalf of the accused appellants in defence.;


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