Decided on February 25,2012



- (1.) In the instance case criminal law was set into motion by filing a complaint (Ext.Ka-5) by Govind Singh s/o Kharak Singh of village Dhimmer Khera of P.S. Gadarpur, District Nainital on 12.07.1995. On the basis of complaint (Ext.Ka-5) chik FIR (Ext.Ka-12) was lodged by P.S. Gadarpur on 12.07.1995 at 2:15 a.m. Occurrence took place on 12.07.1995 at 1:00 a.m. Distance between place of occurrence and P.S. Gadarpur was 5 k.m. Hence there was no delay in lodging FIR.
(2.) Prosecution story was that informant along with members of his joint family were sleeping in night at their home. A lantern and dibia (small lamp) was providing light. Around 1:00 a.m. (in the night) he woke up on barking of dogs. He saw that Appellant Swaroop Singh s/o Doori Singh and Hemraj s/o Meenaram who were co-villagers of informant, entered into his house along with two companions. They started searching for informant s brother Hoshiyar Singh with the help of torch. Informant s mother Laxmi Devi, father Kharak Singh, brothers Kishan Singh and Gopal Singh all woke up. Informant asked, what was the matter? Assailants surrounded the cot of Hoshiyar Singh and no sooner Hoshiyar Singh enquired about the matter, appellants Swaroop Singh took out country made pistol and fired on Hoshiyar Singh with the intention of killing him. The bullet hit the chest of Hoshiyar Singh which resulted in his death. Co-accused Hansraj said, let us go, work is done . Accused persons fled away waving country made pistol. Informant along with his brother chased assailants. They again fired with country made pistol causing grievous injuries to Kishan Singh and Gopal Singh. They were frightened. Many a villagers assembled there. Hoshiyar Singh and Swaroop Singh had scuffle a few days before this incident. Assailants shot dead Hoshiyar Singh because of said enmity.
(3.) Since the appellant was convicted by learned trial court on 08.02.2002 after conclusion of trial and he was sentenced to undergo imprisonment for life and a fine of '1000/- for the offence punishable under Section 302 IPC read with Section 34 IPC; also sentenced to undergo five years rigorous imprisonment and a fine of '500/- for the offence punishable under Section 307 IPC read with Section 34 IPC, therefore, present criminal appeal was preferred by the appellant against the impugned order dated 08.02.2002. Both the sentences were directed by learned trial court to run concurrently. Aggrieved against said judgment and order convicting the accused / appellant and sentencing him as above, this appeal was filed. Co-accused Hansraj and Somal Singh were acquitted by learned trial court.;

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