Decided on February 25,2012

Malkeet Singh S/o Jagir Singh (Rai Sikh) and Bhagwan Singh S/o Jagir Singh (Rai Sikh) All R/o village Gidhor P.S. Nanakmatta Distric Udham Singh Nagar Appellant
State of Uttranchal (Now State of Uttarakhand) Respondents


- (1.) All these three appeals are directed against the judgment and order dated 03.03.2003, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 30 of 1998, whereby accused/appellant Baggu Singh has been convicted under section 302 I.P.C., and under section 324 read with section 34 I.P.C., and each one of the other three accused/appellants namely Bagga Singh, Malkeet Singh and Bhagwan Singh has been convicted under section 302 read with section 34 of I.P.C., and under section 324 read with section 34 I.P.C. Each one of the convicts has been sentenced to imprisonment for a life under section 302/34 of I.P.C., and rigorous imprisonment for a period of six months under section 324/34 I.P.C.
(2.) Heard learned counsel for the appellants and learned counsel for the State and perused the lower court record.
(3.) Prosecution story in brief is that, on 03.06.1998, at about 4.00 p.m, Bishan Singh @ Bishni (deceased) alongwith his brother Kulwant Singh @ Nikku (PW2) had gone from their village Kalabuta to village Tharu4 Gidhor for getting their bicycles repaired. There, they met accused/appellants, who were their relatives. A quarrel took place between them over the dispute, as to the repayment of some loan. Bishan Singh @ Bishni, and Kulwant Singh @ Nikku snatched two bicycles of the accused. At about 8.00 p.m., on the very day, when the two brothers were returning back to their village, and were about to reach village Kalabuta, the accused/appellants Baggu Singh armed with a gun, Bagga Singh armed with PATAL (heavy sharp edged weapon), and other two namely Malkeet Singh and Bhagwan Singh armed with country made pistols intercepted them. Accused Baggu Singh fired a shot from the gun at Bishan Singh @ Bishni, who died at the spot. Accused/appellants Bagga Singh assaulted Kulwant Singh @ Nikku (PW2) with PATAL and gave several blows. Meanwhile, on hearing the sound of fire PW1 Rano Kaur (wife of the deceased), PW3 Surjit Singh (brother of the deceased), rushed towards the place of incident. The place of incident is said to be about 100 meters away from their house. The said two witnesses saw Bishan Singh @ Bishni lying dead on the spot, and they further saw the accused/appellant Bagga Singh assaulting Kulwant @ Nikku. They also saw the accused Baggu Singh armed with a gun, standing there. As the villagers reached at the spot the accused/appellants Baggu Singh, Bagga Singh, Malkeet5 Singh and Bhagwan Singh ran away from the scene of occurrence. At about 10.30 p.m., on the same day (03.06.1998), the First Information Report (Ex- A1) was lodged at police station Nanakmatta, against the four accused relating to offences punishable under section 302/307 of I.P.C., which was registered as Crime No. 122 of 1998. The distance between the place of incident and police station is said to be 16 kms. Injured Kulwant Singh @ Nikku was taken to Government Hospital, at Khatima, where his injuries were examined by PW4 Dr. S.B. Oli at about 11.45 p.m. The investigation was taken up by Sub Inspector Kewalanand Arya ( PW6), who took the dead body of Bhishan Singh @ Bishni in the early hours of 04.06.1998, and got prepared the inquest report ( Ex A-7). He also got prepared other necessary papers like sketch of the dead body ( Ex A-8), police form no. 13 ( Ex A-9) and sample seal ( Ex A-10). The dead body of Bishan Singh @ Bishni was sent for post portem examination. PW 5 Dr. J.S. Pangti conducted post mortem examination on 04.06.1998 and prepared autopsy report ( Ex-A6). He observed multiple fire arm wounds on the dead body of the deceased and opined that he (Bishan Singh @ Bishni) had died of shock and haemorrhage due to ante mortem of fire arm injuries suffered on the lungs. The Investigating Officer interrogated the witnesses, and took the two bicycles6 and one cartridge from the place of incident and recovery memos ( Ex A-2) and (Ex-A3) were prepared. Later, blood stained shirt given by the injured was also taken into possession. The injury report (Ex-A5) prepared by PW4 Dr. S.B.Oli discloses that there were three lacerated wounds, two incised wounds, and one abrasion on the person of Kulwant Singh @ Nikku . After completion of investigation the Investigating Officer submitted charge sheet ( Ex A14) against all the four accused namely Baggu Singh, Bagga Singh, Malkeet Singh and Bhagwan Singh for their trial in respect of offences punishable under section 302 and 307 of I.P.C.;

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