DARBAN SINGH Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-1-12
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on January 04,2013

Darban Singh Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 19.06.2001, passed by learned Sessions Judge, Bageshwar, in Sessions Trial No. 19 of 2000, whereby said court has convicted accused/ appellant Darban Singh under section 307 IPC, and sentenced him to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 5,000/-. The trial court has further directed that if the fine is not paid by the convict he shall undergo rigorous imprisonment for further period of one year.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 12.04.1996, at about 8:00 p.m., P.W.3 Kundan Singh was in his tea stall situated in village Harsila, when accused Darban Singh came there in a drunken state, and the two started quarreling. Thereafter, accused Darban Singh took out a knife and stabbed Kundan Singh. The neighbouring shopkeepers namely Bhajan Singh (P.W.4) and Lacham Singh (P.W.2) rushed to the spot. Injured Kundan Singh (P.W.3) was taken on the next day (13.04.1996) at about 7:15 a.m., to District Hospital Bageshwar, where he was admitted, and his injury was recorded in injury report (Ex. A2). First information report (Ex. A1) of the incident was given by P.W.1 Kedar Singh (cousin of the injured) with Naib Tehsildar of the area. (In Uttarakhand hills certain Revenue Officials are given police powers, in interior areas).On the basis of the report lodged by Kedar Singh crime no. 8 of 1996 was registered with Patti Patwari Tuped, relating to offence punishable under section 307 IPC, against accused Darban Singh. P.W.6 Himalaya Singh, Naib Tehsildar conducted the investigation. He interrogated the witnesses, inspected the spot, and on completion of investigation submitted charge sheet (Ex. A6) against accused Darban Singh (son of Pratap Singh) for his trial in respect of offence punishable under section 307 IPC.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.