Decided on July 16,2013

Niranjan Singh And Another Appellant


- (1.) In the instant appeal, challenge has been made to the judgment and order dated 12/13.8.2010, rendered by the Sessions Judge, Pithoragarh while adjudicating the Sessions Trial No. 39/2008 in conviction of both the accused persons for the offences under Section 302/34 and 307/34 IPC. The accused appellants have been sentenced appropriately by the learned Sessions Judge. The said trial pertains to Crime No. 269/2008, PS Askot, District Pithoragarh.
(2.) The genesis of the aforesaid trial was an FIR lodged by Trilok Singh, father of the deceased. The complainant alleged that on 26.7.2008, at about 8 AM, both the accused persons (real brothers), belonging to village Dangti, came to his house in village Bhagi Chaura in a canter truck bearing no. UA-05-2080. After reaching in front of the house of the victims, they started hurling abuses and gave a rousing challenge to the victims to come out from their house. Hearing this challenge, Kundan and Govind, both sons of Trilok Singh, came out from the house. No sooner did they come out from their house, accused appellants Niranjan and Kundan (hereinafter referred to as 'A1' and 'A2' respectively in order to avoid confusion with the namesake victim Kundan) assaulted the victims with the DBL gun and iron rods, which they were holding in their hands. Victims also retaliated in self-defence and assaulted the accused persons. On hearing this noise and commotion, Trilok Singh and his married daughter Deepa Kanyal, who was incidentally present in her native home, came out from the residence and proceeded for the intervention. At the same time, A1 opened fire with the gun. The gunshot hit the victim Kundan, who fell down and died at the spot. Another accused A2, armed with the iron rod and hockey stick, gave severe blows on the head of victim Govind making him seriously injured. Thereafter both the accused persons, while firing the gunshots, escaped from the spot in their canter truck. While escaping from the spot, they also held out a threat to kill the informant and his daughter Smt. Deepa Kanyal. Some villagers shifted the injured Govind Singh to the hospital. Trilok Singh rushed to the police station for lodging the report, which is Ex. Ka-1. This FIR was lodged within two hours of the incident. Chick report is Ex. Ka-16. The inquest report Ex. Ka-19 was prepared on 26.7.2008 at 10.25 AM. The witnesses of the inquest opined that the deceased Kundan Singh died on account of gunshot injuries besides the other injuries on his body. Nonetheless, the post-mortem was recommended.
(3.) Autopsy on the person of the deceased was conducted on 27.7.2008 at 11.45 AM by Dr. JS Nabiyal (PW8). In his post-mortem report Ex. Ka-10, he has opined that the cause of death was neurogenic shock due to ante mortem head injuries. Time before death was determined to be about 24 hours, which matches with the date and time of the occurrence reported to the police. Following ante mortem injuries were found on the body of deceased Kundan Singh, who was 48 years old: (1) Lacerated wound at vertex part of head, size is 4 cm x 1 cm x bone deep at right parietal side, blood clot is present, margins irregular. (2) Contused injury at right occipital region, size 6 cm x 5 cm, reddish colour is present. (3) Lacerated wound of size 3 cm x 2 cm x bone deep, at posterior side of right ear, margins irregular and blood clot present. (4) Lacerated wound at upper part of right penne (ear), size is 2.5 cm x 0.5 cm, margins irregular, wound is separated. (5) Lacerated wound of size 4 cm x 0.5 cm x bone deep at lower jaw over chin, margins irregular, blood clot present. (6) Contused injury at upper jaw is present. (7) Linear contused injury at right side face below right ear, size is 6 cm x 1 cm, disintegration of face present. (8) Dislocation of left metacarpophalangeal joint is to of left index and middle finger metacarpal head of index finger has contused wound.;

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