Decided on March 01,2013

Heera Singh S/O Mohan Singh Appellant


- (1.) This appeal, moved on behalf of the accused/ appellant Heera Singh, is received through Superintendent of District Jail, Tehri Garhwal, which is directed against the judgment and order 25.09.2008, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 14 of 2005, whereby said court has convicted accused/appellant Heera Singh under section 304 para 2 IPC, and sentenced him to rigorous imprisonment for a period of four years, and directed to pay fine of Rs. 20,000/-. In default of payment of fine the convict has been directed to undergo further six months rigorous imprisonment.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel forthe State.
(3.) Prosecution story, in brief, is that Rai Singh (deceased) was brother of the accused/appellant (Heera Singh). They lived in village Ringal Garh of Patti Saklara, within the limits of Police Station Chamba, District Tehri Garhwal. Rai Singh died unnatural death on 24.04.2004 in the village. On 25.04.2004, the information was sent to P.W.6 Kundan Singh (father-in-law of the deceased) and after taking consent of all the relatives, the dead body of Rai Singh was disposed of by cremating the same on 26.04.2004 in Gerakhal Ghat, as such there was no post mortem examination done on the dead body of the deceased. Four days thereafter, on 30.04.2004 P.W. 2 Maya Devi (widow of the deceased) who too consented for cremation of her husband's body disclosed that her minor daughter Surja (P.W.5) told her that actually Rai Singh was killed by his brothers Heera Singh, Veer Singh, Gambhir Singh and their father Mohan Singh. On this, on the very day i.e. 30.04.2004, a meeting of the Village Panchayat was held in which accused/appellant Heera Singh admitted that by mistake he struck head of his brother Rai Singh on the wall. It appears that thereafter on 01.05.2004, First Information Report (Ex. A1) was lodged at Police Station Chamba by P.W.2 Maya Devi (widow of the deceased) on the basis of which crime no. 164 of 2004 was registered against accused Heera Singh (appellant) and his brothers Veer Singh, Gambhir Singh and their father Mohan Singh. P.W.8 S.I. Vijay Kumar Sharma who investigated the crime submitted charge sheet (Ex. A6) against all the four accused Heera Singh, Veer Singh, Gambhir Singh and their father Mohan Singh for their trial in respect of offences punishable under section 302 and 201 IPC.;

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