[Per : Hon’ble Prafulla C. Pant, J. (Oral)]

Both these criminal appeal and the criminal revision are directed against the judgment and order dated 7.10.2003/8.10.2003, passed by the Sessions Judge, Bageshwar in Sessions Trial No. 14/2002, whereby said court has convicted the appellant Chanchal Singh under Section 302 and 307 IPC. He has been sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/- under Section 302 IPC, and rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 5,000/- under Section 307 IPC. The respondents no. 1 to 4 in the revision have been acquitted of the charge by the trial court.

2. Heard learned Counsel for the parties and also perused the trial court record.

3. Prosecution story, in brief, is that on 11.4.2002, at about 7.30 pm, in village Gorkhet, within the limits of Patwari Circle Bastoli in District Bageshwar, Kailash Singh (deceased) was returning to his home, when accused appellant Chanchal Singh, armed with BARIYATH (heavy sharp edged weapon), along with other respondents no. 1 to 4 (in the revision) assaulted him. When PW3 Basanti Devi (mother of the deceased) intervened, she was also assaulted by the accused appellant Chanchal Singh with the same weapon. Both suffered injuries. Kailash Singh died on the spot. PW4 Keshari Devi, a neighbour of the deceased, also witnessed the incident. First Information Report (Ex. A-1) was got scribed through PW1 Anand Singh and given to the Patwari of the area (in certain hilly areas of Uttarakhand, revenue officials have been given the police powers). On the basis of the said First Information Report, Crime No. 4/2002 was registered by the Patwari, Bastoli in the intervening night of 11.4.2002 and 12.4.2002 at 00.10 hours, and a check report (Ex. A-5) was prepared, and necessary entry was made in the general diary.

4. PW8 Ramesh Ram, Patwari of the area, took up the investigation. On 12.4.2002, at about 7 am, dead body of Kailash Singh was taken by the Patwari in his possession and inquest report (Ex. A-6) along with other necessary papers, viz., sketch of the dead body (Ex. A-10), sample seal (Ex. A-11), etc. were prepared. On 12.4.2002, at about 10.50 am, injuries on the person of Basanti Devi were examined by PW7 Dr. Deepak Garbayal, who prepared injury report (Ex. A-4) and observed four injuries including three incised wounds. On the dead body of Kailash Singh, PW6 Dr. S. Ram conducted the post-mortem examination on 12.4.2002 at 1.40 pm and recorded as many as 8 incised wounds. In the autopsy report (Ex. A-3), he opined that deceased has died of shock and hemorrhage as a result of ante mortem injuries. The Investigating Officer interrogated the witnesses, inspected the place of incident, prepared the site plan and took simple soil and bloodstained soil from the place of incident. On completion of the investigation, chargesheet (Ex. A-18) was filed against the accused appellant Chanchal Singh and four other accused, namely, Rajendra Singh, Beena Devi, Nandi Devi and Bhawani Devi (respondent no. 1 to 4 in the revision) for their trial in respect of the charge of offences punishable under Section 120B, 147, 504, 302, 304 IPC.

5. Chief Judicial Magistrate, Bageshwar, on receipt of the chargesheet, and after giving necessary copies to the accused, appears to have committed the case to the Court of Sessions for trial.

6. On 28.9.2002, learned Sessions Judge, Bageshwar, after hearing the parties framed the charge of offence punishable under Section 302 IPC for commission of murder of Kailash Singh and one punishable under Section 307 IPC for attempting to commit murder of Basanti Devi against all the five accused, namely, Chanchal Singh, Rajendra Singh, Beena Devi, Nandi Devi and Bhawani Devi. They pleaded not guilty and claimed to be tried. On this, prosecution got examined PW1 Anand Singh, scribe of the FIR; PW2 Balwant Singh; PW3 Basanti Devi, injured eyewitness and informant; PW4 Keshari Devi, another eyew