Decided on January 01,2013



- (1.) PW 1 Pushkar Singh wrote a complaint (Ext. Ka-1) on 17.01.2005 to Inspector-in-Charge, Kotwali Khatima, Udham Singh Nagar regarding killing of his son Khadak Singh. It was stated that on 14.01.2005, informant's son Khadak Singh was married to Pushpa, whose family members (parents etc.) were not happy with the said marriage. On 17.01.2005, at 5:30 a.m., when Khadak Singh and Pushpa were sleeping, Pushpa's brother Rakesh Singh, trespassed into PW 1's house. Rakesh carried hansia (sickle) and another armament (firearm) in his hands. Rakesh fired upon Khadak Singh with the intention of killing him. Khadak Singh was being taken to hospital, but died on midway. Rakesh inflicted blows of sickle on Pushpa with the intention to kill her whereby she sustained grievous injuries. The veins of wrist of Pushpa disappeared. Pushpa raised an alarm, whereupon PW 2 Madhvi Devi (wife of PW 1) and PW 1 himself came on the spot. PW 1 and PW 2 tried to save Pushpa, but Rakesh also inflicted injuries on PW 2 with the butt of firearm, as a consequence of which, PW 2 also sustained injuries.
(2.) On the basis of such first information report, the investigation began. PW 11 Inspector D.C.S.Rawat conducted inquest, inspected the place of occurrence, prepared site plan, sent the dead body for postmortem, took the statement of complainant Pushkar Singh, recorded statements of other witnesses and finally on being satisfied that the accused-appellant has committed the offence, submitted charge-sheets against the accused Rakesh Singh in relation to the offences punishable under Sections 302, 307 and 506 IPC and also under Section 25 Arms Act.
(3.) When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 302, 307, 506 IPC and Section 25 Arms Act were framed against the accused -appellant, to which he pleaded not guilty and claimed trial. As many as 14 prosecution witnesses, namely, PW 1 Pushkar Singh, PW Smt. Madhvi Singh, PW 3 Smt. Pushpa, PW 4 Dr. P.C. Pande, PW 5 Rajkumar Singh, PW 6 Chattar Singh, PW 7 Dr. A.M. Raturi, PW 8 M.S.Sawant, PW 9 Anoop Singh, PW 10 Nain Ram, PW 11 Investigating Officer D.C.S. Rawat, PW 12 J.S.Garbiyal, PW 13 Roshan Lal and PW 14 Radheyshyam Sharma were examined on behalf of prosecution. Incriminating evidence was put to the accused-appellant under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case. No witness was examined in defence. After considering the evidence on record, learned trial court convicted accused-appellant Rakesh Singh in relation to offences for which he was charged and sentenced him appropriately. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred.;

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