LexHAR SINGH versus STATE OF UTTARAKHAND
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1 [2008] 13 S.C.R. 621 HAR SINGH A v. STATE OF UTIARAKHAND (Criminal Appeal .No. 816 of 2005) ~ SEPTEMBER 18, 2008 B [ALTAMAS KABIR AND MARKANDEY KATJU, JJ] PENAL CODE, 1860: · ss. 302134, 201134 and 394 - Dispute ensuing between deceased and accused persons over money won in gambling- c Accused assaulting the deceased - Dead body of deceased recovered at the instance of one· of the accused - Conviction by trial courl - Upheld by High Courl - HELD: Events upto assault of deceased were found to have been established by ..- - both the courls below - Deceased was last seen with accused D and was killed soon thereafter ~ Time of death of deceased corroborated by medical evidence - Crucial circumstance of recovery of dead body at the instance of one of the accused found to have been established by both the courls below - There is no reason to interfere with judgment of High Courl - E Circumstantial evidence. Three appellants alongwith another accused were prosecuted for commission of offences punishable u/ss ·- ~ 302/34, 201/34 and 394 IPC, on the allegations that on a F dispute over money won in gambling by the deceased from the accused persons, the latter robbed him of his money and killed him. The trial court, on the basis of the evidence of PWs 2,5,6 and 9 convicted the accused of the offences charged. The High Court upheld the convic- tion. One of the accused died meanwhile and the remain- G ing three filed the instant appeals. ! '" Dismissing the appeals, the Court HELD: 1.1 It has been well established that the de- 621 H 622 SUPREME COURT REPORTS (2008] 13 S.C.R. A ceased and the accused were involved in gambling in front of the tea stall of PW-2 and that when the deceased and PW-1 left the place where the gambling was being conducted they were followed by the accused persons. From the evidence of PW-1, it is also established that the -+ 8 accused persons assaulted the deceased and when he tried to intervene he was threatened and was made to leave the place, though he heard the deceased request- ing the accused persons not to kill him from the nearby wheat field. [para 10] [625 D-F] c 1.2 The events upto the assault of the deceased were found to have been established by both the Courts be- low. In addition, the circumstances also establish the fact that the accused and the deceased were last seen together by PW-1 and he was killed soon thereafter. The time of D death stands corroborated from post-mortem examina- - l' tion. [para 11] [626 G-H 627-B] 1.3 The crucial circumstantial evidence was recov- ery of the body of the deceased. Although, an attempt was E made to raise doubts as to whether PW-6 and PW-9 had actually seen accused 'MS' pointing out the location from which the dead body could be and was subsequently recovered, since both the courts below have accepted the said evidence and there were no other intervening circumstances, there is no reason to discard the same. )' - F [para 12] [627 C-0] CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 816 of 2005 From the Judgment and final Order dated 1.12.2004 of the G High Court of Uttaranchal at Nainital in Crl.Appeal No. 851 of2001 K.B. Sinha, Subhash Chandra Birla and Subrat Birla for '1 the Appellant. Sunil Kumar Singh and Jatinder kumar Bhatia for the Re- H spondent. ~ HAR SINGH v. STATE OF UTTARAKHAND 623 The Judgment of the Court was delivered by A ALTAMAS KABIR, J. 1. These three appeals arise out of the judgment and order dated 1st December, 2004, passed by the Uttaranchal High Court dismissing the appeal filed by the ~ appellants herein (Criminal Appeal No. 851/01) against the judg- ment and order of the Sessions Judge, Almora, in ST No.36 of B • 1987, convicting the appellants under Sections 302/34, 201/34 and 394 Indian Penal Code. One of the accused, Ratan Sirigh, died during the trial which abated against him and continued against the other accused persons. 2. According to the prosecution, on 26th February, 1987, c the deceased Bhupal Singh @ Joga Singh of village Sain Bagaria, DistrictAlmora, Uttaranchal, went to the Mela held at village Dabra on the occasion of Shiv Ratri along with his wife f and two children. He had taken an amount of Rs.3,000/- with D - him for purchasing two bullocks and a goat. While at the Mela, he met Gusain Singh and remained at the Mela with his wife and children till 4.30 p.m. when he sent them back to their vii- lage afte
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