SHER SINGH Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-2-3
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on February 24,2012

SHER SINGH Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) Criminal law was set into motion at the instance of Sunder Singh s/o Jodh Singh villager Sartola, Tehsil Gangolihaat, district Pithoragarh in the instant case. He wrote a complaint (Ext.Ka-2) on 16.08.1999 enumerating the facts therein that on 16.08.1999 at 11:30 a.m. informant s father Jodh Singh had altercation with appellant Bhim Singh over jointness of courtyard. Another appellant Sher Singh who was father of appellant Bhim Singh came from the forest in the meanwhile. Sher Singh tried to inflict blow of lathi on Jodh Singh but was saved by his (informant s son) Sunder Singh. After some time Bhim Singh again came to informant s courtyard, caught hold of hands of Jodh Singh and put knife on his neck. Appellant Sher Singh came running in the courtyard along with a lathi (stick) and gave a blow of stick on head of Jodh Singh, who became unconscious and fell on the ground. Sher Singh gave another blow of lathi on Jodh Singh. Sher Singh and Bhim Singh beat Jodh Singh with fist and feet. When informant s mother bent on informant s father in order to save him, only then they stopped beating him. Informant and his mother got perturbed and went to villagers to apprise them about the incident. Fellow villager Narayan Singh came there. Informant s father (victim) who was bleeding profusely was taken to Garai Hospital by jeep where doctor provided him first aid and advised them to go to District Hospital, Almora. Victim was taken to District Hospital, Almora.
(2.) On complaint of son of victim Chik FIR (Ext.Ka-11) was lodged at P.S. Nainoli, sub-district Gangolihaat, District Pithoragarh on 16.08.1999 at 6:30p.m. Occurrence took place on 16.08.1999 at 11:30 a.m. The distance between village Sartola where the occurrence took place and reporting police station was 13 k.m. There appeared to be no delay in lodging FIR which was initially registered as crime no.2/1999 under Section 307, 506 IPC but was later on converted into Section 302 IPC on death of victim.
(3.) On submission of charge-sheet against the accused persons, they were tried by learned Sessions Judge, Pithoragarh. After conclusion of trial accused / appellants Sher Singh and Bhim Singh were convicted for the offence punishable under Section 302 IPC read with Section 34 IPC. They were awarded imprisonment for life for the said offence. Each one of them was also sentenced to pay a fine of '10,000/-, in default of payment of which each one was directed to undergo one year s further simple imprisonment. Aggrieved against aforesaid conviction and sentence, appellants preferred present appeal.;


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