Decided on April 27,2012



U.C. Dhyani, J. - (1.) A First Information Report was lodged by the informant Kundan Singh on 28.10.2007 alleging that on 28.10.2007 at 7:30 pm when he was in the Vyasi market, he heard noise of marpeet. He was about to approach the place from where he heard the noise, but in the meanwhile saw that one Govind Singh son of Gabbar Singh, resident of village Vyasi was holding the hands of informant's brother Udai Singh son of Gabbar Singh and was carrying him towards the shop of Jaman Singh. Informant saw that blood was oozing out from the left hand and neck of Udai Singh. Udai Singh told him that appellant Shyam Singh son of Ganesh Singh inflicted blow of knife with the intention of killing him (victim). Informant Kundan Singh, Bhagat Singh, Swaroop Singh, Manwar Singh and Bachan Singh took the injured to Thalisain Hospital, where the doctors attended on him. On the basis of complaint (Ext. Ka -1) of informant Kundan Singh, chik FIR (Ext. Ka -6) was lodged at PS Choprakot - 1 within sub district Thalisain of district Pauri Garhwal on 28.10.2007 at 10:30 pm. The distance between the place of occurrence and the Police Station was 10 kilometers and hence, there appeared to be no delay in lodging the First Information Report, registered under Sections 307, 324 and 325 IPC.
(2.) AFTER the investigation charge -sheet was submitted against the accused appellant Shyam Singh for the offence punishable under Section 302 IPC. Trial began. As many as 12 prosecution witnesses were examined. Statement of accused appellant Shyam Singh under Section 313 Cr.P.C. was taken. Accused appellant did not adduce any evidence in defence. After conclusion of the trial, learned Sessions Judge, Pauri held accused Shyam Singh guilty of the offence punishable under Section 302 IPC. He was convicted for the offence punishable under Section 302 IPC and was awarded imprisonment for life along with a fine of Rs. 25,000/ -, in default of payment of which the accused appellant was required to further undergo two years' simple imprisonment. Aggrieved against the aforesaid order, present appeal has been preferred by the accused appellant Shyam Singh.
(3.) PW 1 Govind Singh was the real brother of deceased Udai Singh. He said in his examination -in -chief that deceased Udai Singh was his younger brother. Informant Kundan Singh was also his real brother. On 28th October, 2007, he was preparing the counter of shop of accused appellant Shyam Singh which was situated in Vyasi market. PW 1 Govind Singh was a carpenter. He finished his work at 4:15 pm that day and kept his tools in the shop itself. He came out of the shop after finishing his work. One Hoshiyar Singh was also with him. At 6 -6:15 pm his brother Udai Singh came there from village Maroda. Udai Singh went to the shop of Shyam Singh. They started speaking loudly. On hearing their oral exchanges PW 1 Govind Singh went there, pulled the hand of Udai Singh and asked him to come home. Udai Singh asked PW 1 Govind Singh that he will come after a while. Udai Singh went to Shyam Singh's shop. Udai Singh and Shyam Singh started assaulting each other. When Shyam Singh was beating Udai Singh, PW 1 Govind Singh ran in order to save him. In the meanwhile, Udai Singh shouted that Shyam Singh has given him a blow of knife. This witness went to his brother only to find out that Udai Singh received a blow of knife and he was bleeding. PW 1 Govind Singh gave support to his injured brother and carried him to Jaman Singh's shop. Kundan Singh also met him there. Accused appellant Shyam Singh had fled away. Victim's clothes were soaked in blood. Udai Singh told Kundan Singh that Shyam Singh inflicted blow of knife. Udai Singh asked to call his wife as he was about to die. Udai Singh's wife reached there who was informed by Udai Singh that Shyam Singh had given him blow of knife and he was about to die. Udai Singh was taken to hospital and was referred to hospital at Pauri. The next day Udai Singh died.;

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