ANIL SINGH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Anil Singh and another
STATE OF UTTARANCHAL
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(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
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