Decided on January 02,2013

STATE OF UTTARANCHAL,Diler Singh Appellant
Rajendra Singh and others,Sessions Judge and Others Respondents


- (1.) Present Government Appeal and the Criminal Revision were preferred by the State of Uttarakhand and the complainant respectively against the judgment and order dated 3.12.2002 passed by the learned Sessions Judge, Rudrapur, District Udham Singh Nagar in Sessions Trial No. 215 of 2000, whereby accused / respondents Rajendra Singh, Bhupender Singh and Ranjeet Singh were acquitted of charge of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC).
(2.) The contention of the learned Deputy Advocate General was that the judgment and order passed by the learned Sessions Judge, Rudrapur, District Udham Singh Nagar was illegal and contrary to the facts and material evidence available on records. Learned trial court by wrongly disbelieving the prosecution evidence has wrongly acquitted accused / respondents. It was, therefore, prayed that the Government Appeal be allowed and impugned order of acquittal of accused / respondents may be set aside. A prayer was also made to convict and sentence the accused respondents according to law.
(3.) PW1 Diler Singh wrote a complaint to Station Officer, Police Station Nanak Matta, Udham Singh Nagar enumerating the facts contained therein that he was a resident of Nagla Jogither. Accused Rajendra Singh had a dispute with him over some landed property. On 3.6.2000 in the morning, when Rajendra Singh and his son Bhupender Singh were digging Diler Singh's field, Diler Singh refrained them from doing so. This resulted into altercation between the two. On the selfsame day, at 1:30 PM, Diler Singh's son Pushpender was sitting at Jogither diversion. Diler Singh, his brother-in-law Papinder Singh and Kakka Singh were coming towards Jogither diversion. In the meantime, Ranjeet Singh came on his Suzuki motorcycle. Rajendra Singh and his son Bhupender Singh were the pillion riders. Ranjeet Singh parked his motorcycle. Rajendra Singh and Bhupender Singh were carrying swords in their hands and Ranjeet Singh was having kanta (a sharp edged weapon) in his hand. They chased the informant's son Bhupender Singh with the intention to kill him. Pushpender raised an alarm. Diler Singh, his brother-in-law Papindera Singh and Jwala Singh tried to save Pushpender Singh, who entered the house of Mukhtyar Singh to save his life. Accused persons, too, entered the house of Mukhtyar Singh and inflicted blows of swords and kanta upon the victim. Pushpender Singh died. Accused persons fled away from the place of occurrence.;

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