Kunwarpal @ Surajpal & Ors. .. Appellants


State of Uttarakhand And Anr. .. Respondents

This appeal is preferred against the judgment dated 18.8.1991 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1418 of 2001. Appellants 1 to 4 stood charged for the offence under Section 302/34 in Sessions Trial No.195 of 1991 on the file of Additional Sessions Judge Roorkee and the Trial Court convicted all and sentenced them each to undergo life imprisonment and to pay a fine of Rs.500 in default, to undergo rigorous imprisonment for one year each. Accused Nos. 1 to 4 preferred appeal in Criminal Appeal No.1418 of 2001 on the file of High Court and the appeal came to be dismissed. Challenging the conviction and sentence accused Nos. 1 to 4 preferred the present appeal. During the hearing the learned senior counsel appearing for the appellants submitted that appellant No.4 Atara Singh died during pendency of the appeal and it was endorsed by the learned counsel appearing for the respondent-State. Hence the appeal stands abated insofar as he is concerned. Shorn of unnecessary details the case of the prosecution is as follows: PW1 Gajendra is the son of deceased Ranjit Singh. Accused Nos. 1 to 3 are real brothers. Accused No.4 is their cousin. PW1 Gajendra owned plotNo.180 in village Mohammadpur Panda and the adjacent plot belonged to the accused persons and on account of the pending litigation between them there was enmity. On 14.4.1991 at about 11.00 a.m. PW2 Suggan and Jai Ram were cutting wheat in the field of PW1 Gajendra and Ranjit Singh came to the field. Thereafter accused Nos.1 to 4armed with lathies and tabbal came there and threatened Ranjit Singh to withdraw the case against them and beat him with lathies and tabbal . PW 2 Suggan, PW3 Atmaram andPW4 Chaman Lal and others saw the occurrence. Ranjit Singh became unconscious. PW2 Suggan informed PW1 Gajendra about the occurrence. PW1 Gajendra came and took his father injured Ranjit Singh to JNSM Hospital Roorkee. Dr. Jugal Kishore Mittal examined Ranjit Singh at 1.20 p.m. on14.4.1991 in the said hospital and admitted him as inpatient. At about 5.30 p.m. on same day PW1 Gajendra lodged Ex.Ka-1 written complaint in the Police Station, Bhagwanpur and a case under Sections 323, 324, 506 and307 IPC was registered against the accused persons. Exh.Ka-4 is the First Information Report, Exh. Ka-70 is the G.D. Report. PW9 Sub-Inspector R.S. Tiwari took up the investigation and examined PWs 2 to 4 and some other witnesses. On 15.4.1991 Ranjit Singh succumbed to his injuries. The First Information Report was altered and the investigation was taken up by SHO Ajay Kumar and he visited the place of occurrence and prepared Exh.Ka-8 plan and seized the blood stained clothes under Exh.Ka-9 Memo. He conducted inquest and prepared Exh.Ka-5 report. He gaveExh.Ka-11 requisition for conducting post mortem….read more