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2012 Supreme(UK) 556
UTTARAKHAND HIGH COURT
Hon’ble Mr. Chief Justice Barin Ghosh and Hon’ble Mr. Justice U.C. Dhyani
Government Appeal No. 156 of 2005
KISHAN SINGH ALIAS ACTOR – Appellant
Versus
STATE OF UTTARANCHAL – Respondent
Decided on : 14.12.2012
For the Appellant : Mr. J.S. Virk, Amicus Curiae
For the Respondent:Mr. Amit Bhatt, Dy. Advocate General, assisted by Mr. V.P. Bahuguna, Brief Holder
Headnote:Murder Trial — Circumstantial evidence — Appreciation of evidences — FIR promptly lodged — Dead body of the deceased was found in the bush below the house of the accused — According to PW2 bloodstains were found lying in the house of the appellant — Also, appellant’s wife PW1 gave certain wearing apparels of the victim and a blood stained axe to patwari — And the charge of homicide, and not the charge of murder, was proved against the appellant — Actually, while inflicting first injury there might not be the intention on the part of the appellant to cause death — But when second and third blows were inflicted by the appellant, both on the head of the victim, there was intention on the part of the appellant to cause death, or to cause such bodily injury as was likely to cause death of the victim — Therefore, an offence punishable u/s 304 Para I IPC was proved against the appellant beyond reasonable doubt — And not a case of murder punishable u/s 302 IPC. (Paras 15, 19, 20)
gR;k ijh{k.k & ifjfLFkfrtU; lk{; & lk{;ksa dh foospuk & FIR le; ij ntZ & e`rd dk ‘kjhj vfHk;qDr ds ?kj ds uhps >kM+h esa ik;k x;k & PW2 ds vuqlkj vihykFkhZ ds ?kj esa [kwu ds /kCcs Hkh ik;s x, vkSj nks”kh dh iRuh PW1 us iVokjh dks e`rd ds diM+s o [kwu ls luh dqYgkM+h nh & vkSj vihykFkhZ ds fo#) ekuo gR;k dk vkjksi fl) gqvk u fd gR;k dk & igyk okj djrs gq, vihykFkhZ dk dksbZ vkj’; ugha Fkk e`R;q dkfjr djus dk ij tc nwljk o rhljk okj fd;k x;k rc vihykFkhZ dk vk’; Fkk gR;k dkfjr djus dk ;k ,slk okj ftlls fd ihfM+r dh e`R;q gks tk, & bl izdkj vijkèk u/s 304 Part I, I.P.C. fuLlansg fl)] vihykFkhZ ds fo#) u fd gR;k dk okn u/s 302 I.P.C. ¼izLrj 15] 19] 20½
Per: U.C. Dhyani, J.
One Inder Singh Negi wrote a complaint to Patti Patwari, Malli Kutoli, Tehsil and District Nainital, on 18.11.2003, regarding the killing of his younger brother Govind Singh.
2. According to the informant Inder Singh Negi, on 17.11.2003, at 7:30 p.m., his younger brother Govind Singh was killed by the fellow-villager Kishan Singh alias Actor s/o late Padam Singh. The accused-appellant killed the victim with an axe. Inder Singh Negi and the villagers found bloodstains in the house of Kishan Singh. While tracing blood trail, informant and the villagers found the dead body of Govind Singh in the bush, below the house of Kishan Singh. Chik FIR was lodged with the Revenue Police on 18.11.2003, at 2:00 p.m. There appeared to be no delay in lodging the first information report.
3. On the basis of said first information report, which was registered as case crime no. 06/2003, under Sections 302/201 IPC in Patti Malli Kutoli, Nainital, the investigation began. PW7 Anand Singh Bisht started investigation on 20.11.2003. He took the statements of PW 1 Motima Devi and PW2 Inder Singh Negi on 21.11.2003. PW7 affected the arrest of accused Kishan Singh on 27.11.2003. PW7 recorded the statements of PW5 Harish Chandra Singh, PW 6 Har Singh, Rasooli Devi, Asha Devi, Kishan Singh and Shambhu Dutt on 28.11.2003. He took the statement of PW3 Sunder Singh on 03.12.2003 and statement of PW 4 Rajendra Singh on 07.12.2003. On 09.12.2003, PW7 took the statements of Dinesh Singh and Dan Singh. On 03.12.2003, he recorded the statements of Virendra Singh, Pushpa Devi and Batuli Devi. On 14.12.2003, he took statement of Pushkar Singh. On 30.12.2003, PW7 recorded the statements of PW8 Kevlanand Tiwari (Patwari) and Jai Chand (Naib Tehsildar). After completing investigation, PW 7 submitted charge-sheet (Ext. Ka-5) against the accused Kishan Singh for the offences punishable under Sections 302/201 IPC on 06.01.2004. The statement of PW 1 Smt. Motima Devi was also got recorded under Section 164 Cr.P.C.
4. When the trial began and prosecution opened it’s case, charges for the offences punishable under Sections 302/201 IPC were framed against the accused Kishan Singh, to which he pleaded not guilty and claimed trial. As many as 10 prosecution witnesses, namely, PW1 Motima Devi, PW2 Inder Singh Negi, PW 3 Sunder Singh, PW 4 Rajendra Singh, PW5 Harish Chandra, PW 6 Har Singh, PW 7 Anand Singh Bisht, PW 8 Kevlanand Tiwari, PW9 Dr. Sanjay Gupta and PW10 Mahendra Kumar Joshi were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned trial court convicted accused-appellant Kishan Singh alias Actor for the offences punishable under Sections 302 IPC and 201 IPC. He was sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- in connection with the offence punishable under Section 302 IPC. He was sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5,000/- in connection with offence punishable under Section 201 IPC. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred.
5. When the postmortem on the dead body of the deceased was conducted by the Medical Officer PW 9 Dr. Sanjay Gupta, he found the following ante-mortem injuries on victim’s dead body:
i. Lacerated wound with bruised edges, size 2’ x ½’ placed transversely over left cheek extending from bone of left ear forwards & downwards obliquely. Blood clots present. Muscles exposed and bone fractured underneath it.
ii. Lacerated wound with bruised edges, size 3 ’x ½’ present over left occipital parietal region (behind left ear). Placed transversely. Blood clots present underlying bone fractured and brain matter coming out of wound.
iii. Lacerated wound with bruised edges, 3 ½ ’x ½’ present over left
