Decided on July 25,2013

AMAR SINGH Appellant


- (1.) Pw 2 Sher Singh lodged a first information report in PS Vikas Nagar, Dehradun, on 30.10.1993, against accused Amar Singh, which was registered as case crime no. 392 of 1993, under Section 307 IPC. Investigating Officer submitted a charge-sheet against the accused for the offences punishable under Sections 307, 325 and 316 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charges for the offences punishable under Sections 307, 326 and 316 IPC were framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) Pw 1 Smt. Anita (injured), PW 2 Sher Singh (informant-husband of the injured), PW 3 Swaroop Singh (hostile), PW 4 Kartar Singh (hostile), PW 5 (Jeevan Singh (hostile), PW 6 Constable Ramesh Chandra (formal witness), PW 7 Rangi Lal (hostile) and PW 8 Avtar Singh (pharmacist), were examined on behalf of the prosecution. DW 1 Jagir Singh was examined in defence. Incriminating evidence was put to the accused, in which he said that he was falsely implicated in the case. After considering the evidence brought on record, learned Additional Sessions Judge/FTC, Dehradun convicted Amar Singh for the offences punishable under Sections 307 and 316 IPC and sentenced him appropriately. He was exonerated of the offence punishable under Section 326 IPC. Aggrieved against the order of conviction, present Criminal Appeal was preferred.
(3.) Prosecution led the evidence through injured PW 1 Smt. Anita. In her examination-in-chief, she said that about six years ago (from the date of deposition), at around 4:00 p.m., accused inflicted a blow of patal (a sharp edged weapon) on PW 1. Before that, an altercation took place over the dumping of dirt. Amar Singh s son used to throw dirt in the courtyard of PW 1. PW 1 and accused-appellant lived in the one house, albeit in different rooms. The accused was her real brother-in-law (devar). Accused gave a blow of patal on the head of PW 1. When PW 1 made an attempt to stop him, he hit the patal on the right hand of PW 1. Accused also gave a blow of patal on her left hand. PW 1 s husband was present in the veranda. When the incident took place, PW 1 had a pregnancy of nine months. PW 1 was taken to the Medical Officer, who said that the child has died. She was taken to Lehman Hospital, Harbartpur. The Doctor took PW 1 s wearing apparels in his possession. Shawl (material Ext. 1), shirt (material Ext. 2), towel (material Ext. 3) and pillow (material Ext. 4) were produced before the Court. These clothes were having blood stains. PW 3 Swaroop Singh (hostile) came when the incident took place.;

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