STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND) Vs. BHULLAN AND ORS
LAWS(UTN)-2012-11-63
HIGH COURT OF UTTARAKHAND
Decided on November 05,2012

State of Uttaranchal (now State of Uttarakhand) Appellant
VERSUS
Bhullan And Ors Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 25.02.2006, passed by Additional Sessions Judge/2 nd Fast Track Court, Haridwar, in Sessions Trial No. 219 of 2001, whereby said court has acquitted the accused/respondents Bhullan, Dhramveer and Charan Singh from the charge of offence punishable under Section 302 read with Section 34 of I.P.C., and further acquitted them from the charge of offence punishable under Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Heard learned counsel for the appellant/State, learned counsel for the respondents and also perused the lower court record.
(3.) Prosecution story, in brief, is that in the intervening night of 01.02.2001 and 02.02.2001, in village Tighri within the limits of Police Station Laksar, Prem Singh (deceased) and PW3 Palu were working as Watchmen in the field of Rulha. At about midnight, accused Bhullan Ram armed with GANDASA (heavy sharp edged weapon), Dharamveer armed with TABAL (its also a heavy sharp edged weapon) and Charan Singh armed with LATHI (stick) came and asked Prem Singh (deceased) as to why he had complained against them to the Forest Officials about their activities. Prem Singh denied having made any complaint, but the accused/respondents hurled abuses at him for his being Member of Scheduled Caste. Thereafter, accused Bhullan and Charan Singh caught hold of him and accused Dharamveer gave a blow with TABAL on his neck. PW3 Palu raised alarm, on which, Pritam Singh (PW1) and one Babu came there. When PW3 Palu raised alarm, accused ran away. Prem Singh appears to have died at the spot. The First Information Report (Ex. A1) was lodged on 02.02.2001, at about 11.00 am with the Police Station Laksar by PW2 Mange Ram (brother of the deceased). On the basis of said report, the Police registered Crime No. 23 of 2001, against the accused/respondents Bhullan, Dharmveer and Charan Singh in respect of offence punishable under Section 302/34 of I.P.C., and one punishable under Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. PW9 Shiv Singh Bisht, Circle Officer, investigated the crime. Inquest Report (Ex.A2) was prepared by the Police on 02.02.2001, in the afternoon and the dead body of the deceased was kept in a sealed cover. Necessary papers like Police Form No. 13 (Ex A11), sketch of the dead body (Ex. A12), a letter (Ex. A13) to the Chief Medical Officer for post-mortem of the deceased, and sample seal (Ex. A14) were also prepared by the Police. The dead body was sent for post mortem examination and PW8 Dr. Pradeep Kumar conducted post mortem examination on the dead body of Prem Singh on 03.02.2001 and prepared autopsy report (Ex. A5). The said Medical Officer recorded in all four ante mortem injuries and opined in his report that the deceased had died of shock and hemorrhage as a result of ante mortem injuries. After interrogating the witnesses, and inspecting the spot, the Investigating Officer submitted charge sheet (Ex.A7) against the accused/respondents Bhullan, Dharamveer and Charan Singh for their trial in respect of offence punishable under Section 302/34 of I.P.C., and one punishable under Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.;


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