Decided on July 03,2013

Manbir Singh; Kulbir Singh And Another Appellant


- (1.) A first information report was lodged by PW 1 Satveer Singh Rawat against six accused persons including the appellants on 19.10.996, in PS Maneri Bhatwari, District Uttarkashi, which was registered as case crime no. 2 17 of 1996, for the offences punishable under Sections 392, 307 and 506 IPC. The incident allegedly took place on 19.10.1996, at 6:30 p.m. and the criminal law was set into motion promptly on the selfsame day, at 9:00 p.m. After the investigation, a charge sheet against the accused persons was submitted for the offences punishable under Sections 147, 307, 120-B, 504 and 506 IPC.
(2.) The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offences punishable under Sections 147, 307 read with Section 149 and Section 323 read with Section 149 IPC were framed on 28.04.1998, to which they pleaded not guilty and claimed trial. PW 1 Satveer Singh, PW 2 Mahaveer Singh, PW 3 Dr. M.K. Rao, PW 4 Ranveer Singh, PW 5 Bhupesh Rawat, PW 6 Constable Daya Sindhu and PW 7 Satish Kumar Tyagi were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C. in which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Sessions Judge, Uttarakashi, exonerated Atar Singh, Birendra Singh, Chandraveer Singh and Shakti Singh of the charges levelled against them. Manveer Singh, Kulveer Singh and Dhanveer Singh were also exonerated of the charges under Sections 147, 323 read with Section 149 IPC. Accused Manbir Singh, Kulveer Singh and Dhanveer Singh were found guilty of the offence punishable under Section 307 IPC. Each one of them was 3 directed to undergo rigorous imprisonment for five years along with a fine of Rs. 5000/-, in default of payment of which, each one of them was required to undergo rigorous imprisonment for three months, vide impugned order dated 11.10.2001. Aggrieved against the impugned order, present criminal appeals were filed by all the three convictsappellants, which are being decided by this common judgment and order for the sake of brevity.
(3.) Prosecution led the evidence through both the injured persons, namely, PW 1 and PW 2. PW 1 was the real brother of PW 2. Both supported the prosecution version. PW 1 was an employee in a finance company and was going to his village Malla by scooter after collecting money from the customers. He reached his village Malla at 5:00 p.m., where he met one Balbeer Singh, who requested him to go Bhatwari to felicitate Dheeraj Singh, who was elected as a panchayat member. According to PW 1, he along with Balbeer Singh went to Bhatwari. When they were coming back to village Malla, they reached near the shop of Chhatar Singh. Others also met there. In that meeting Lakhi Singh hurled abuses at PW 1. PW 1, on the direction of his uncle Ranveer Singh, came back to the shop and apologized. His brother Jagveer Singh asked PW 1 to go to the home by a shorter route. Lakhi Singh s son Chandraveer Singh reached to the main market after having some conversation with his father Lakhi Singh and one Shakti Singh. Shakti Singh took PW 1 s brother Jagveer Singh towards Bhatwari. Lakhi Singh told PW 1 that PW 1 was like his son. He was taken near a bus in the main market. Chandraveer Singh, Manveer Sigh, Kulveer Singh and Dhanveer Singh hid themselves behind a bush. Manveer Singh and Kulveer Singh were carrying iron belts. Dhanveer Singh was carrying iron rods. They questioned PW 1 as to what PW 1 said to their father in the meeting. Lakhi Singh exhorted his sons to kill PW 1'. PW 1 tried to run away, but Chandraveer Singh caught hold of him. Manveer Singh assaulted PW 1 with iron belt. PW 1 sustained a cut on his head. PW1 fell on the ground. He was assaulted again. Manveer Singh, Kulveer Singh and others supported assaulting PW 1. In the meantime, PW 2 came on the place of occurrence. Kulveer Singh, Dhanveer Singh and others also assaulted PW 2. Dhanveer Singh inflicted blows on PW 2 with the iron rod. Other accused assaulted PW 2 with the sticks which they were carrying. PW 1 married to a girl belonging to the community of Lakhi Singh, to which Lakhi Singh felt insulted and hence they were inimical to PW 1. Proceedings under Sections 107 and 116 of Cr.P.C. were pending against Lakhi Singh and others. PW 2 lodged the report of this incident in presence of PW 1. Ext. Ka-1 was proved by PW 1. PW 1, PW 2 were also taken for medical examination in PHC Bhatwari. The wearing apparels of PW 1 were also taken by the police, a memo (Ext. Ka-2) whereof was prepared.;

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