Decided on August 30,2012

STATE OF U P Appellant
Gurvinder Singh@ Dalvinder Singh Respondents


- (1.) Present Government Appeal was preferred by State of Uttarakhand against the Judgment and Order dated 22.11.2005, passed by learned Additional Sessions Judge/FTC, Kashipur, District Udham Singh agar in Sessions Trial No. 195 of 2002, Sessions Trial No. 307 of 2003 and Sessions Trial No. 54 of 2004, whereby accused/respondents Gurvinder Singh @ Dalvinder Singh, Jaswant Singh @ Jassa and Gurdeep Singh @ Deepa were acquitted of charges of offences punishable under Section 302/ 34 IPC. Criminal Revision No. 246 of 2005 was filed by the revisionist Sada Singh against the self-same judgment and order. Since the subject matter of Criminal Revision as well as the Government Appeal is the same, therefore, they are being decided by a common judgment and order.
(2.) The contention of learned Government Advocate, as also the learned counsel for the revisionist, was that the judgment and order passed by learned Additional Sessions Judge/FTC, Kashipur, District Udham Singh Nagar was illegal and contrary to the facts and material evidence available on record. Learned trial court has wrongly disbelieved the prosecution evidence and wrongly acquitted accused/respondents. The findings recorded by the trial court were wholly based on conjectures and surmises. Learned G.A., as well as learned counsel for the revisionist, therefore, prayed that the Government Appeal as well as Criminal Revision be allowed and the impugned order of acquittal' of the accused / respondents may be set aside. A prayer was also made to convict and sentence the respondents according to law.
(3.) In the instant case, criminal law was set into motion at the instance of PW 2 Sada Singh, son of Sardar Pyara Singh, resident of Village Kartarpur, P.S. Bilaspur, District - Rampur. He wrote a complaint to PS Kotwali, Rudrapur on 30.11.2001 at 1:45 p.m. alleging that Gurdeep Singh alias Deepa and his companions Jaswant Singh alias Jassa, Avtar Singh and Gurvinder Singh alias Dalvinder Singh fired upon Harvant Singh with gun, rifle and country-made pistols. Harvant Singh died on the spot. Informant's nephew Jagbir Singh, Raghubir Singh and Nishan Singh witnessed the occurrence. Incident took place on 30.11.2001 at 12:00 noon. Victim and his son Jagbir Singh were coming back to their residence on motorcycle after paying obeisance at Gurdwara, Rudrapur. When they reached between Teejpani and Kartarpur, accused persons were standing near a maruti car. They stopped victim and all of the accused fired upon him, no sooner he stopped his motorcycle.;

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