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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Barin Ghosh and U.C. Dhyani, JJ.
Swaroop Singh - Appellant.
versus
State of Uttaranchal - Opposite Party.
Criminal Appeal No. 58 of 2002
Decided On : February 25, 2012
Criminal Law - Murder - Section 302 IPC, Section 307 IPC read with Section 34 IPC
Fact of the Case:
The case involved the murder of Hoshiyar Singh by the appellant Swaroop Singh and his accomplices. The incident occurred at night in the victim's home, where the assailants fired on the victim and his family members, resulting in the death of Hoshiyar Singh and injuries to others.
Finding of the Court:
The court found the appellant guilty based on the direct evidence provided by the eyewitnesses, who were natural witnesses and corroborated each other's testimonies. The court dismissed the appellant's defense of false implication and lack of motive, affirming the conviction and sentence awarded by the trial court.
Issues: The key issues included the identification of the assailants, the presence of motive, and the reliability of the eyewitness testimonies.
Ratio Decidendi: The court relied on the direct evidence provided by the eyewitnesses, emphasizing the naturalness and reliability of their testimonies. The court also rejected the appellant's defense of false implication and lack of motive, affirming the conviction based on the corroborated testimonies.
Final Decision: The criminal appeal was dismissed, and the judgment and order of the trial court convicting and sentencing the appellant were affirmed. The appellant's bail was cancelled, and he was directed to surrender to receive the affirmed sentence.
U.C. Dhyani, J.
In the instance case criminal law was set into motion by filing a complaint (Ext.Ka-5) by Govind Singh s/o Kharak Singh of village Dhimmer Khera of P.S. Gadarpur, District Nainital on 12.07.1995. On the basis of complaint (Ext.Ka-5) chik FIR (Ext.Ka-12) was lodged by P.S. Gadarpur on 12.07.1995 at 2:15 a.m. Occurrence took place on 12.07.1995 at 1:00 a.m. Distance between place of occurrence and P.S. Gadarpur was 5 k.m. Hence there was no delay in lodging FIR.
2. Prosecution story was that informant along with members of his joint family were sleeping in night at their home. A lantern and dibia (small lamp) was providing light. Around 1:00 a.m. (in the night) he woke up on barking of dogs. He saw that Appellant Swaroop Singh s/o Doori Singh and Hemraj s/o Meenaram who were co-villagers of informant, entered into his house along with two companions. They started searching for informant’s brother Hoshiyar Singh with the help of torch. Informant’s mother Laxmi Devi, father Kharak Singh, brothers Kishan Singh and Gopal Singh all woke up. Informant asked, ‘what was the matter?’ Assailants surrounded the cot of Hoshiyar Singh and no sooner Hoshiyar Singh enquired about the matter, appellants Swaroop Singh took out country made pistol and fired on Hoshiyar Singh with the intention of killing him. The bullet hit the chest of Hoshiyar Singh which resulted in his death. Co-accused Hansraj said,’ let us go, work is done’. Accused persons fled away waving country made pistol. Informant along with his brother chased assailants. They again fired with country made pistol causing grievous injuries to Kishan Singh and Gopal Singh. They were frightened. Many a villagers assembled there. Hoshiyar Singh and Swaroop Singh had scuffle a few days before this incident. Assailants shot dead Hoshiyar Singh because of said enmity.
3. Since the appellant was convicted by learned trial court on 08.02.2002 after conclusion of trial and he was sentenced to undergo imprisonment for life and a fine of Rs. 1000/- for the offence punishable under Section 302 IPC read with Section 34 IPC; also sentenced to undergo five years’ rigorous imprisonment and a fine of Rs. 500/- for the offence punishable under Section 307 IPC read with Section 34 IPC, therefore, present criminal appeal was preferred by the appellant against the impugned order dated 08.02.2002. Both the sentences were directed by learned trial court to run concurrently. Aggrieved against said judgment and order convicting the accused / appellant and sentencing him as above, this appeal was filed. Co-accused Hansraj and Somal Singh were acquitted by learned trial court.
4. P.W.1 Kishan Singh said in his examination-in-chief that on 12.07.1995, when he was sleeping in his house and one lantern and a dibia (small lamp) was providing light, then at 1:00 a.m. (night) he heard sound of barking of dogs. He woke up. He saw that his co-villagers Swaroop Singh, Hansraj along with two others entered into his house and started searching for his brother Hoshiyar Singh. They gradually approached Hoshiyar Singh who was sleeping on a cot. No sooner Hosiryar Singh enquired from them, Swaroop Singh fired on his chest with a country made pistol. Hoshiyar Singh died on the spot. Hansraj uttered the words, ‘work has been done’. Swaroop Singh, Hansraj and others started fleeing. Kishan Singh and others chased assailant. While they were being chased, one of the accused fired on Gopal Singh. Brother of P.W.1 Kishan Singh, namely, Gopal Singh sustained injuries. A quarrel took place between Swaroop Singh and Hoshiyar Singh two days before the incident. Swaroop Singh was inimical to Hoshiyar Singh and that was why he killed Hoshiyar Singh. Victim was taken to hospital at Gadarpur. Doctor sent them to police station. P.W.1 Kishan Singh was sent to Government Hospial, Bajpur for medical examination. P.W.1 Kishan Singh said that he knew only Swaroop Singh and Hansraj and none of th
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