Decided on November 01,2012

Bharat Singh And Ors Appellant
State of Uttaranchal (Now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 09.03.2006, passed by Learned Sessions Judge Tehri Garhwal in Sessions Trial No. 13 of 2004, whereby said court has convicted the accused/appellants Bharat Singh and Anil Dev Surira under section 302 read with section 34 of I.P.C., and sentenced each one of them to rigorous imprisonment for life and directed to pay fine of Rs. 10,000/-. In default of payment of fine the defaulter convict is required to undergo further imprisonment for a period of six months.
(2.) Heard learned counsel for the appellants, and learned Deputy Advocate General for the State and perused the lower court record.
(3.) Prosecution story, in brief, is that accused/appellants Bharat Singh and Anil Dev Surira were registered contractors of the Public Works Department, Ghansali. The deceased ( Munendra Dutt Pant) was the Senior Clerk of said department. On 15.12.2003, at about 8.00 p.m., near bus stand in Ghansali, PW3 Manoj Joshi saw accused/appellants beating Muninder Dutt Pant. He informed about the incident to the Executive Engineer of the department where after PW3 Manoj Joshi alongwith PW1 Pareshwar Badoni and PW2 Anant Ram took injured Muninder Dutt Pant to nearest Primary Health Center Pilkhi, where he was declared brought dead. First Information Report (Ex-A1) got lodged by PW3 Manoj Joshi with Patwari Pilkhi. (In Uttarakhand Hills certain revenue officials are given police powers). On the basis of said report PW10 Sunder Lal Badoni, Patwari, Pilkhi, registered Crime No. 08 of 2003 on 15.12.2003, at about 10.00 p.m. against the accused /appellants Anil Dev Surari and Bharat Singh in respect of offence punishable under section 302 of I.P.C, and started investigation. Inquest report (Ex-A2) was prepared by the Revenue police after taking dead body of the deceased in its possession, and the body was sealed. The Revenue Police further prepared other necessary papers like sketch of the dead body (EX-A11), Police Form No. 13 (Ex-A12), sample seal (Ex-A13) and letter to Chief Medical Superintendent, Tehri Garhwal (Ex-A10) requesting for post mortem examination. PW8 Dr. G.L.Sah conducted post mortem examination on the dead body of Muninder Dutt Pant on 16.12.2003, and prepared autopsy report (Ex-A3). The said medical officer recorded as many as 8 ante mortem injuries, and opined in the autopsy report that deceased had died on account of coma due to head injury. It appears that the investigation was later on taken over by regular police and PW11 Inspector Jagdish Singh Aswal completed the investigation. The said Investigating Officer submitted charge sheet (Ex-A17) against the two accused/appellants namely Bharat Singh and Anil Dev Surari, for their trial in respect of offence punishable under section 302 of I.P.C.;

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