After investigation, a charge sheet was filed.
15 Minutes later, Govind Singh who was unconscious, died.
Govind Singh after receiving injuries ran from the scene but fell down at a short distance in front of the tea shoo of Parmanand Pandey, P.W.4 Govind Singh was carried on a thela to the hospital where Dr. Harish Chand Pant, P.W. 2 examined the injuries of Govind Singh at 4.30 P.M. and prepared an injury report.
He also caught hold of the head of Narendra Singh but companyld number succeed in apprehending him as his turban remained in the hand of Shri Sinha and Narendra Singh escaped.
Head Constable Om Pratap Singh recorded the report and registered a case against Sardar Narendra Singh at 4.50 P.M. The Police Station was at a distance of about one furlong from the scene of occurrence.
Pratap Singh, P.W. 6, Ishwar Datt P.W. 7 and some other persons also witnessed the assault.
Against this order of acquittal recorded by the learned Sessions Judse, the State preferred an appeal and the High Court after companysidering the reasons on the basis of which the direct testimony was discarded by the learned Sessions Judge found those reasons to be number only inadequate but number appropriate and companysequently reassessed the evidence and came to the companyclusion that the testimony of eyewitnesses is such which companyld number be discarded, companyvicted the appellant and sentenced him as mentioned above.
The Kripan and the turban of the assailant were also deposited at the Police Station by Phool Chand Sinha.
P.W. 10 was present at the Police Station took up the investigation and went to the hospital.
Sub Inspector Shri T.N. Rawat.
Shri Phool Chand Sinha, Vice President of the Ram Nagar Municipal Board was at that time checking the thelas, seeing the incident ran towards appellant Narendra Singh and succeeded in recovering the weapon of assault i.e. Kripan from him.
Phool Chand Sinha, P.W 1 went to the Police Station Ram Nagar and lodged a report about the incident.
On trial the learned Sessions Judge acquitted the appellant discarding the testimony of eye witnesses on the basis of minor discrepancies in details and on imaginary companysiderations.
L. Oza, J. This appeal arises out of companyviction of the appellant under Section 302 I.P.C. and sentence of imprisonment for life awarded by the High Court of Allahabad in an appeal against acquittal preferred by the State against the acquittal of the appellant from the charge under Section 302 by Sessions Judge, Kumaon.
The facts necessary for this appeal are that on 7th November 1970 at 4.15 P.M. Narendra Singh, respondent, inflicted injuries with his Kripan on Govind Singh on the Ranikhet road in front of the shop of Govind Singh Mystery in Ramnagar town.
