Decided on July 05,2012

STATE Respondents


SERVESH KUMAR GUPTA,J. - (1.) AT the outset, it is pertinent to mention that during the pendency of appeal, appellant Kalyan Singh breathed his last, so his appeal stood abated vide order dated 13.6.2012 passed by this Court. As such, now only the appellant/accused Sher Singh is before this Court.
(2.) HEARD Sri B.S. Parihar, Advocate for the appellant Sher Singh and Sri Vinod Sharma, Deputy Advocate General (Criminal) for the State as well as perused the entire material available on record. This appeal has been preferred against the judgment and order dated 17/19.12.1998, rendered by learned Sessions Judge, Pithoragarh in S.T. No.5 of 1993, State Vs. Kalyan Singh and seven others. There were as many as eight accused, out of them, two accused, namely, Kalyan Singh and Sher Singh were found guilty for the offences under Section 307 and 307/34 IPC respectively, whereas rest of the accused, namely, Soor Singh, Pan Singh, Prem Singh, Umed Singh, Chan Singh and Laxman Singh were acquitted from all the charges levelled against them. The accused persons were tried against the submission of chargesheet no.3/91, pertaining to crime no.4/1991, relating to Patwari Circle 'Bardakhan', District Pithoragarh. The FIR was lodged by PW3 Lal Singh, father of injured Vikram Singh on 20/21.4.1991 for the offences under Section 147/307/324 IPC. This FIR is Ex.A-2, the Chik report whereof is Ex.A-3. As per the prosecution version, the informant and all the accused persons hail from the same village 'BAIDA'. The accused persons were grousing enmity from the family of victim from before, so they made an unlawful assembly on 18.4.1991 at about 8 PM and all pounced over the son of informant. The occasion was that when Vikram Singh (injured) went to fetch water, Kalyan Singh stabbed a blow of knife in the abdomen of victim while appellant/accused Sher Singh stabbed a blow of knife thereby hitting the forearm of the victim. The blow extended by Kalyan Singh was so fatal that the intestine of the injured protruded out. Rest of the accused were armed with Lathis, who also assaulted the victim. Injured Vikram Singh raised shrieks, hearing those Lal Singh and other people reached at the spot. They all found the accused persons beating Vikram Singh. Somehow, he was rescued from the clutches of the accused who left the spot hurling threat to kill the reporter and his family, as and when they found the occasion.
(3.) THE reporter thereafter went to headquarter of Patwari where he was advised to take the injured for the medical treatment. (In the rural areas of the State of Uttarakhand, the Patwari, Naib Tehsildar and revenue officials have been vested with the police power). Soon thereafter, the injured was taken to Primary Health Center, Lohaghat at 3:30 AM of the fateful intervening night, where after extending the primary treatment by the doctor, present over there, the injured was referred to higher center at Champawat. The injured was then brought at Champawat where he was properly treated and injury report dated 19.4.1991 at 10:30 AM was prepared. Injury report prepared at PHC, Lohaghat is Ex.A-7 whereas the same prepared at Champawat is Ex.A-6. The Investigating Officer took the bloodstained clothes of the injured in his possession and prepared recovery memo of the same which is on record. The I.O. also inspected the place of occurrence and prepared the site plan, which is Ex.A-4. After completion of investigation, a chargesheet was filed against the accused, which is Ex.A-5. On submission of chargesheet, learned Sessions Judge, Pithoragarh framed charge against all the accused, which was abjured by them and the trial was claimed.;

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