- (1.) THE appellants have preferred this appeal against the judgment and order dated 14 -10 -1988, passed by the Ses sions Judge, Nainital, in S. T. No. 52 of 1986, whereby the accused/appellants were convicted U/s 302/34 I. P. C. ; 324/ 34 I. P. C. ; 324/34 I. P. C. and 323/34 I. P. C. and each of them were sentenced to imprisonment for life U/s 302/34 I. P. C. ; three years R. I. U/s 324/34 I. P. C. ; further three years R. I. U/s 324/ 34 I. P. C. and six months R. I. U/s 323/ 34 I. P. C. However, all the sentences were to run concurrently.
(2.) THE prosecution version which led to the trial of the accused/ appel lants is as follows : - Km. Maya Kaur, daughter of ac cused Mansha Singh had been engaged with one Shamsher Singh S/o Gurdayal Singh, resident of Village Kalyanpur. Some time later the engagement was broken. Accused Mansha Singh and other - members of his family felt that Kala Singh had played a role which led to the breaking of said engagement. As a result Munsha Singh and his other family members were angry with Kala Singh and his other family members. Two days prior to the present incident, when Kala Singh reached in front of the door of the house of Munsha Singh, on the way to his home, the accused Munsha Singh and his son Santokh Singh made an assault on him. How ever, Kala Singh wriggled out himself from them and ran to his house. According to the prosecution case the present incident occurred at about 8 A. M. on 21 -11 -1985. It is al leged that accused Mansha Singh ac companied by his sons accused Santokh and Chhinda Sinyh as well as his daughter Km. Maya entered into the Jhala (house) of Kala Singh and started abusing him and other accused were taunting that Kala Singh and his fam ily members were responsible for the defamation of accused Km. Maya Kaur. The accused Munsha Singh was armed with a sword while accused Chhida Singh and Santokh Singh were having Kampa (Daoo) and spear respectively. Accused Km. Maya Kaur was having a Lathi. The accused persons challenged Kala Singh and his family members that they would not leave them alive and all of them started beating the members of Kala Singh's family. Kala Singh and his father Manta Singh ran out of the house towards east. The accused nev ertheless administered beating to Kala Singh's sisters Swam Kaur and Jamuna Kaur as well as to his mother Smt. Vira Bai with their respective weapons. Af ter that they chased Kala Singh and his father Manta Singh and succeeded in over powering Manta Singh in the va cant field of Jogendra Singh. All the accused then assaulted Manta Singh with their respective weapons in that vacant field. Manta Singh sustained in juries on his person and succumbed to the injuries on the spot itself. The oc currence was seen by witnesses Narain Singh, Karnail Singh etc. on whose challenge the accused left the spot and fled away from there. At about 12 -30 P. M. on the day of the incident, i. e. 21 -11 -1985, Kala Singh went at Police Out Post Nanakmatta (P. S. Sitarganj) and on his dictation chick F. I. R. , Ext. Ka. 1 was drawn by Head Moharir Ram Swaroop Singh at Out Post Nanakmatta, P. S. Sitarganj. After regis tration of the case against the accused persons, S. I. J. B. Singh started investigation in the case. On 21 -11 -1985 the Investigating Officer reached at the spot and performed inquest on the dead body of Manta Singh and sent the dead body for post mortem examination. The injured Smt. Vira Bai, Km. Swam Kaur and Km. Jamuna Kaur were medically examined by the doc tor at P. H. C. Nanakmatta on the day of the incident itself.
(3.) ON 28 -11 -1985 the investigation was transferred to Sri Kartar Singh, who at the time of the incident was posted as Inspector Incharge at P. S. Sitarganj. The Investigating Officer af ter completing the investigation, sub mitted charge sheet, Ext. Ka. 6 against the accused persons. The report re ceived from Joint Director, Forensic Laboratory, Agra is paper Nos. 17 and 18 on the record. On committal of the accused persons to the court of Sessions, the Sessions Judge framed charges U/s 302/34 I. P. C. for committing the mur der of Manta Singh, U/s 324/34 I. P. C. for causing hurt to Km. Jamuna Kaur, U/s 324/34 for causing hurt to Km Swam Kaur and U/s 323/34 I. P. C. for causing hurt to Smt. Veera Bai. The accused persons denied the charges and claimed their trial.;