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2017 DIGILAW 385 (UTT)

BHAGWAN SINGH v. STATE

2017-07-14

RAJIV SHARMA, SHARAD KUMAR SHARMA

body2017
JUDGMENT Per: Hon'ble Rajiv Sharma, J This appeal is directed against the judgment and order dated 18.12.2015, rendered by learned Sessions Judge, Tehri Garhwal in Sessions Trial No.19 of 2014, whereby the accused-appellant, who was charged with and tried for the offence under Section 302 of IPC, was convicted and sentenced to undergo life imprisonment under Section 302 of IPC and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of two years. 2. The case of the prosecution, in a nutshell, is that on 13.06.2014 a ‘Written Tehrir' was given by Veer Singh,S/o Kunwar Singh against the accused Bhagwan Singh at P.S. Muni Ki Reti, District Tehri Garhwal, with the allegations that on 12.06.2014 at about 11:00 PM, with the intention to kill his uncle Balbir Singh, the accused Bhagwan Singh assaulted his uncle with stones and inflicted grievous injuries. The incident was witnessed by PW2 Prem Singh. He informed the younger brother of the deceased about the incident. The accused ran away from the spot. Balbir Singh was brought for treatment to Govt. Hospital, Rishikesh. He died at 01:00 PM. The inquest report was prepared. The body was sent for postmortem examination. The FIR was lodged. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as ten witnesses in its support. The statement of the accused was recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The accused was convicted and sentenced, as noticed hereinabove. Hence, this appeal. 3. Learned counsel for the appellant has vehemently argued that the prosecution has failed to prove its case beyond reasonable doubt against the accused appellant. Learned counsel appearing on behalf of the State has supported the judgment dated 18.12.2015. 4. We have heard learned counsel for both the parties and perused the judgment and record carefully. 5. PW1 Veer Singh has testified that on 12.06.2014 at about 11:00 PM, his uncle was going towards his home. Accused-Bhagwan Singh asked his uncle why his water supply was obstructed. The accused started beating his uncle with intention to kill him. PW2 Prem Singh informed PW3 Ranvir Singh about the incident. PW3 Ranvir Singh reached the spot and saw that accused Bhagwan Singh was beating Balbir Singh. They brought injured Balbir Singh to Govt. Accused-Bhagwan Singh asked his uncle why his water supply was obstructed. The accused started beating his uncle with intention to kill him. PW2 Prem Singh informed PW3 Ranvir Singh about the incident. PW3 Ranvir Singh reached the spot and saw that accused Bhagwan Singh was beating Balbir Singh. They brought injured Balbir Singh to Govt. Hospital, Rishikesh. He died at 01:00 PM on 13.06.2014. In his cross-examination, he has deposed that he reached the spot. There was light of bulb. When he reached the spot, at that time, Bhagwan Singh was beating Balbir Singh. It lasted for two minutes. He was hitting the deceased with stones weighing 2 kg each. He has also categorically admitted that they have not tried to pacify the parties and they were standing at a distance. 6. PW2 Prem Singh has deposed that on 12.06.2014 at about 11:00 PM, he was present in his house. Smt. Guddi Devi was crying. She was shouting that Bhagwan Singh was beating Balbir Singh. He went towards the land of Sangram Singh. He has seen the incident in the light of bulb. He saw that accused Bhagwan Singh was assaulting Balbir Singh with stones. He shouted that Bhagwan Singh was beating Balbir Singh. He went to the house of PW3 Ranvir Singh. PW3 Ranvir Singh came out. They reached the spot and saw that PW1 Veer Singh had already reached the spot. When they reached there, the fighting was going on. The deceased was taken to hospital.In his cross-examination, he has admitted that he did not know from where Balbir Singh was coming. He got to know about the incident at the instance of Smt. Guddi Devi. 7. The statements of PW1 Veer Singh and PW2 Prem Singh have been corroborated by PW3 Ranvir Singh. He has deposed that on 12.06.2014 at 11:00 PM, he heard the noise raised by PW2 Prem Singh that his brother Balbir Singh was beaten up by Bhagwan Singh with stones. He went to the spot. He saw that Bhagwan Singh was beating his brother Balbir Singh. He has received many injuries. He was taken to hospital. In his cross-examination, he has admitted that his family has dispute qua water. 8. PW4 Munendra Singh was declared hostile. According to him, he has not seen the incident at all. 9. PW5 Head Constable Manish Kumar has registered the FIR. 10. He has received many injuries. He was taken to hospital. In his cross-examination, he has admitted that his family has dispute qua water. 8. PW4 Munendra Singh was declared hostile. According to him, he has not seen the incident at all. 9. PW5 Head Constable Manish Kumar has registered the FIR. 10. PW6 Piyush Tripathi has conducted the postmortem examination. According to his opinion, thedeceased died due to excessive bleeding and coma due to ante mortem injuries. He has verified the report. 11. PW7 Kunwar Singh has deposed that on 13.06.2014, he has gone to the hospital to see Balbir Singh. 12. PW8 Smt. Guddi Devi has led her evidence by filing an affidavit. According to her, on 12.06.2014, she was in her house. She saw fighting going on between the accused and the deceased. She raised the alarm. PW3 Ranvir Singh, Soban Singh and Sarojani Devi came on the spot. She saw the incident from her house. She saw Bhagwan Singh and Balbir Singh were fighting and in the meantime, Balbir Singh became unconscious. In her cross-examination, she has deposed that there was moonlight. 13. PW9 Sub-Inspector Ashish Gusain has deposed that the police got the information on 13.06.2014 at 7:15 AM that Balbir Singh was admitted in the hospital. He reached the hospital. He was told that Balbir Singh has received injuries by a co-villager. The body was sent for postmortem examination. The accused was arrested on 13.06.2014 by Sub-Inspector Trivendra Singh Rana. He identified his signature. 14. What emerges from the facts enumerated hereinabove is that the incident as per FIR dated 13.06.2014 has happened on 12.06.2014 at 11:00 PM. According to contents of FIR, there was a water dispute between Bhagwan Singh and Balbir Singh. The accused had beaten up Balbir Singh. The incident was witnessed by PW1 Veer Singh, PW2 Prem Singh, PW3 Ranvir Singh andPW8 Guddi Devi. PW8 Guddi Devi has raised the alarm and thereafter, PW2 Prem Singh and PW3 Ranvir Singh reached the spot and they have seen that the accused Bhagwan Singh giving beatings to Balbir Singh. The deceased died due to ante mortem injuries. The genesis of the fight between Bhagwan Singh and Balbir Singh is water dispute. PW3 Ranvir Singh, in his cross-examination has categorically admitted that there was a water dispute between his family and the family of Bhagwan Singh. The deceased died due to ante mortem injuries. The genesis of the fight between Bhagwan Singh and Balbir Singh is water dispute. PW3 Ranvir Singh, in his cross-examination has categorically admitted that there was a water dispute between his family and the family of Bhagwan Singh. The incident has happened in the night at 11:00 PM. It was not a pre-meditated or pre-planned fight. According to the case of prosecution, Bhagwan Singh has objected the obstruction of water by Balbir Singh. It led to fight. It was the case of sudden and grave provocation. The accused was not armed with deadly weapon. The conduct of eyewitnesses, who were on the spot, is also unusual and unreasonable. They should have separated the fighting parties instead of merely being meek spectators. According to prosecution, the accused has killed the deceased with stones. However, the accused has no intention to kill the deceased but he definitely had the knowledge that the injuries inflicted upon the deceased with stones would result in his death. Thus, the appellant-accused is liable tobe convicted under Section 304(Part-II) of IPC and not under Section 302 of IPC. 15. Accordingly, the appeal is partly allowed. The conviction of the appellant is converted from Section 302 IPC to Section 304 (Part-II) IPC. 16. Registry is directed to prepare the warrant for production of appellant-accused to be executed through concerned Jail Superintendent to hear the appellant on the quantum of sentence on 21.07.2017. 17. List this case on 21.07.2017 for further orders. 18. Let a copy of this judgment along with LCR be sent back to the trial court for compliance.