Decided on February 26,2013

BHIM SINGH Appellant


- (1.) This appeal has been preferred by Bhim Singh, convict, against the judgment and order dated 28.6.2001 rendered by the Sessions Judge, Pithoragarh in Sessions Trial No. 15/94, State v. Bhim Singh & Another. Both accused persons Bhim Singh and Chanchal Singh were real brothers hailing from village Kalon, Patti Devraripant, Tehsil Gangolihat, District Pithoragarh and were tried by the court below for the offence under Section 307 IPC. At the end of the trial, accused Chanchal Singh was not found guilty and thus acquitted by the court below. At the same time, co-accused Bhim Singh was found guilty for the said offence and sentenced to three years rigorous imprisonment whereagainst he is before this Court through appeal.
(2.) As per prosecution version, the dispute cropped up between Diwan Ram, the resident of the same village and the accused persons on a stand post of a tap water, which Diwan Ram kept opened for all the times hampering the availability of the water to the house of accused persons. On 5.3.1993 at about 9 pm, accused Chanchal Singh came to the neighbouring house of Diwan Ram and hurled filthy abuses questioning the opening of tap water at the stand post stunting the flowing of the water to the house of the accused persons. When he was asked not to abuse, he returned back and came there along with his brother Bhim Singh, who was armed with a gun. Bhim Singh opened the fire which hit Bachhi Ram, the maternal grandfather of Diwan Ram. Being scared, Diwan Ram closed the doors and windows of the house, but the accused duo tried to open the door by pushing the same. A fire was again opened on the door which made a hole in the door. The pellets also hit Diwan Ram. Both the accused persons were overpowered by Diwan Ram and his family members by using the necessary force. Both the accused were tied by the rope. Next day, the incident was reported to the Sub Divisional Magistrate, Berinag, who directed the reporter to go to the police station and lodge the FIR. The same could be lodged at PS Berinag on 6.3.1993 at 2 pm. The police then came at the spot which was 34 kilometres away and took all the injured persons including the accused for medical examination in the hospital, where they all were examined. The injury reports of Bachhi Ram, Mahesh Chand (son of Bachhi Ram) and Diwan Ram are respectively Ex. Ka-5, Ka-7, Ka-8 and Ka-9. Injury reports of the accused persons Bhim Singh and Chanchal Singh are Ex. Ka-3 and Ka-4 respectively.
(3.) Investigation culminated into submission of chargesheet under Section 307/504 IPC against Bhim Singh and Chanchal Singh. The trial court levelled the charge under Section 307/34 IPC separately against both the accused persons.;

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