Decided on January 09,2012

Anil Singh and another Appellant


- (1.) In the instant case, the criminal law was set into motion by lodgment of a complaint on 25.02.2000 at 6:00 pm at Patwari Circle, Harda, (Bhikiyasain, Almora) by the unfortunate father of the deceased. The incident related to killing of his son by the appellants.
(2.) Informant Bakhtawar Singh Bisht wrote a complaint (Ext. ka-1) addressed to Naib Tehsildar, Bhikiyasain to the effect that on 25.02.2000 when his son Pancham Singh had gone to dairy centre for the purpose of vending milk and informant was going to ease himself at 7:00 pm, then he heard the cries from a distance of 100 meters. Informant approached that place only to find out that his son Pancham Singh was stabbed by the assailants. His son was bleeding profusely. A blow of knife was inflicted on the left side of his chest. The informant saw appellants Anil Singh, Sunil Singh and accused Bhaga Devi fleeing away from the place of occurrence. All the three killed his son, who, when brought to home, breathed his last. Appellants had previous enmity with victim before this incident.
(3.) After the investigation of the case a charge sheet for the offence punishable under section 302 IPC was submitted against both the appellants and accused Bhaga Devi by the Investigating Officer. When the trial commenced, charge for the offence punishable under section 302 IPC read with section 34 IPC was framed against the accused persons who pleaded not guilty and claimed trial. Prosecution witnesses were examined in the trial court. Thereafter, statements of the accused persons under section 313 Cr.P.C. were taken in which they said that they have falsely been implicated in this case. Trial court believed the prosecution story in part and convicted appellants Anil Singh and Sunil Singh for the offence punishable under section 302 IPC read with section 34 IPC. They were awarded imprisonment for life as well as fine of Rs. 1000/- each, in default of which they were directed to undergo two months simple imprisonment. Third accused Bhaga Devi was exonerated of the charge leveled against her. Aggrieved against the said judgment and order the appellants (convicts) have preferred this appeal.;

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