Puran Singh vs State Of Uttaranchal

(ii) Indra Singh, (iii) Rajpal Singh (deceased) and (iv) Puran Singh (accused). All the four brothers (sons of Bhag Chand) were residing in a jungle at a distance of about two kilometers from village Akhori, Patwari Circle Barab, Tehsil Ukhimath, District Chamoli. There were frequent quarrels between accused Puran Singh on the one hand and other three brothers on the other hand in connection with the property owned and possessed by Rukmani Devi. According to the prosecution, Rukmani Devi had gifted her property by a registered gift-deed to accused Puran Singh depriving other three brothers from her share. On August 3, 1979 at about 4 p.m., PW5Smt. Ramdei, daughter of PW4Shivraj Singh who had come to her parental house at village Akhori was grinding paddy with her deaf and dumb mother Smt. Swanri Devi near her house. At that time, accused Puran Singh came towards the cattle shed of Shivraj Singh and started beating she-buffalo of Shivraj Singh. Smt. Ramdei and her mother raised an objection. Accused got enraged and caught the wife of Shivraj Singh by her hair in order to beat her. Shivraj Singh happened to reach there and cautioned the accused. The accused went inside the room, brought his licensed gun and fired a shot towards Shivraj Singh who luckily escaped unhurt. On hearing the noise, other two brothers of Shivraj Singh, PW2Indra Singh and Rajpal Singh (deceased), came out to inquire as to what had happened. The accused started showing his anger towards them also. Both of them, therefore, decided to retreat from there. They were, however, chased by the accused who was carrying his gun. PW2Indra Singh asked Rajpal Singh (deceased) to run fast so that they may be saved. Rajpal Singh, unfortunately, turned his face backward to see as to how far away was the accused from him. The accused fired and the gun shot hit Rajpal Singh on his face and head. Rajpal Singh fell down on the ground. In the meanwhile, PW3Smt. Bardei, wife of Indra Singh and PW6Bimala, minor daughter of Rajpal Singh along with other children and family members reached near the place of incident. They could thus see the incident. Indra Singh was threatened by the accused and he went inside his house and got himself saved. Rajpal Singh became unconscious and remained as such till he was declared dead.

3. Initially, a case was registered against the appellant-accused in the First Information Report (FIR) for an offence punishable under Section 307, IPC as also for an offence punishable under Sections 25 and 27 of the Arms Act, 1959. After the death of Rajpal Singh, however, the charge was framed for committing an offence punishable under Section 302, IPC. The case was committed to the Court of Sessions, Chamoli. A plea of the accused was recorded wherein he denied to have committed any offence, and claimed to be tried.

4. In order to establish the case against the accused, the prosecution examined eight witnesses. Out of them four witnesses were eye- witnesses, viz., PW2Indra Singh, PW3-Smt. Bardei, PW5Smt. Ramdei and PW6Kumari Bimala. It also examined PW1Pratap Singh- Pradhan of the village, PW7Dr. D.C. Awasthi and PW8Mitra Nand-Patwari.

16. We have been taken by the learned counsel for the parties to the record of the case. Exhibit Ka.3 is the Arrest Panchnama dated August 4, 1979 when the accused was apprehended at about 8 a.m. in the morning. In the memo of arrest as also in seizure memo, it was stated that no article was recovered from the body of the accused and nothing was seized by the police. The accused had nothing except wearing clothes. In Daily Diary by Patwari Circle, Barab, Tehsil Okhimath dated August 4, 1979, it was mentioned that the Patwari started to the place of occurrence from village Senagadmari at about 5.30 a.m. on August 4, 1979. At the place of occurrence, he found injured Rajpal Singh in the custody of villagers. The injured was breathing but was unconscious. The patwari tried to inquire about the incident from Rajpal Singh but the latter could not speak. Though treatment was given to the injured, he died. Inquest panchnama was thereafter prepared in presence of persons who were there. The FIR was registered under Section 307, IPC on the basis of the report dated August 3, 1979 by Partap Singh, Pradhan, but Rajpal Singh died and the case was registered under Section 302, IPC. It was stated that as the death of the injured Rajpal Singh was caused due to intentional gun shot by accused Puran Singh S/o Bhag Chand, therefore, the accused Puran Singh is taken into custody and the weapon used in murder i.e. gun 1319/V- 1970, Licence No. 697/Mly-74 and two empty cartridge Bore-12 recovered from the accused and sealed it at the spot in presence of witnesses.

10. The accused has challenged the order of conviction and sentence recorded by the High Court by filing the present appeal. On April 10, 2006, appeal was admitted and notice was issued on prayer for bail. On November 24, 2006, when the matter was called out, the Court fixed final hearing of the appeal and observed that in view of that order, it was not necessary to deal with bail application. Appeal is accordingly placed before us for final hearing.

(emphasis supplied)

23. It is thus clear that as per Ballistic Experts opinion, cartridge E.C.1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt.

24. For the foregoing reasons, the appeal deserves to be allowed and is accordingly allowed. The order of conviction and sentence recorded by the High Court is set aside and the appellant is given benefit of doubt and is ordered to be acquitted. Since the appellant is in jail, he is ordered to be released forthwith if his presence is not required in any other case.

25. The appeal is accordingly allowed.