IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Court order whether the case is or not approved for reporting

(Chapter VIII, Rule 32(2)(b)

Description of Case

Criminal Appeal No. 1226 of 2001

(Old No. 1485 of 1990)

Date of decision :-22.04.2008

A.F.R. (Approved for Reporting)

Not Approved for reporting

Date:-22.04.2008 Initials of Judge

Note: Bench Reader will attach this at the top of the first page of the judgment

when it is put up before the Judge for signature.

HIGH COURT OF UTTARAKHAND, AT NAINITAL

Criminal Appeal No. 1226 of 2001

(Old No.1485 of 1990)

1. Gopali Singh S/o Sri Senu Singh

2. Prem Singh S/o Sri Gopali Singh

Both r/o village Niwar Mandi,

P.S. Jaspur, District Nainital…..Appellants

Versus

State ……Respondent

Dated: - 22^nd April, 2008

Mr. R.C. Tamta, Advocate for the appellants.

Mr. Nandan Arya, Addl. G.A. for the State.

Hon’ble J.C.S. Rawat, J.

This is a criminal appeal against the judgment &

order dated 05.07.1990 passed by the then 4^th

Additional Sessions Judge, Nainital in S.T. No.271 of 1989,

whereby both the appellants were convicted and

sentenced to undergo R.I. for seven years under

section 304 IPC read with 34 IPC.

2.

The facts, in nutshell, are that on 21.08.1988 at about

2p.m. Smt. Krishna Devi (deceased) was removing soil

which had fallen down from a wall nearby her house

situated in Mohalla Niwadmandi, P.S. Jaspur. Appellants

Gopali Singh and Prem Singh objected her to remove

the soil. On this, a scuffle took place between the

parties. Accused Gopali Singh and Prem Singh beat her

with a wooden stick (danda) due to which

Krishna Devi had sustained injuries on her person.

When her brother Pritam Singh tried to intervene in

the melee he was also beaten by the accused persons.

In the meantime, Banwari PW5, the father of the deceased

and other witnesses reached at the spot at the time of

incident and they saw the incident. The witnesses

intervened

in

the

melee

and

tired to save the injured persons from the assaults of

accused persons. Thereafter, the report was lodged at the

police station on the date of incident of a non-

cognizance offence. Injured persons were taken to the

hospital for medical treatment.

The medical

examination of Smt. Krishna Devi and Pritam Singh

PW4 was conducted by Dr. G. S. Joshi at about 4:10

and 4:25 pm respectively on the date of incident. Smt.

Krishna Devi was referred to for X-ray and after

conducting X-ray a supplementary report was

submitted in which one injury was found grievous in

nature. On 23.08.1988 at about 11:50pm Smt. Krishna

Devi succumbed to her injuries in the civil hospital, Jaspur.

Thereafter, the police converted the case under

section 304 IPC on 24.08.1988. The matter was

investigated by the police and after completion of the

investigation the chargesheet was submitted before the

court concerned.

3.

After submission of chargesheet the appellants-

accused were committed to the court of Sessions for

trial and the trial court framed charges against the

accused persons. They denied the charges levelled

against them and claimed their trial.

4.

The prosecution in support of its case examined

six witnesses. Dr. G. S. Joshi PW1 was the medical

officer, who medically examined Smt. Krishna Devi and

Pritam Singh. He proved the injury reports Ex.Ka.1 & 2.

Jagdish Singh PW2 is a witness of inquest report. Constable

Naubat Singh PW3 took the dead body of the deceased in a

sealed bundle to the hospital for postmortem. Pritam

Singh

PW4,

brother

of

the

deceased is the injured eye-witness of the incident.

Banwari PW5, fa