In the night, the accused came to the house of the companyplainant to assault the deceased alleging that he had knocked the door of his aunt Kumari Sunita in the night with evil intention when she was alone in her house.
Post mortem was companyducted by Dr. I.F. Nath PW6.
On 1st April, 1983 when the deceased went to the nearby Dehradun city, he did number return home at the night.
In the morning PW2 Lal Singh told him that the deceased was seen with the accused at 7.30 P.M. in the night.
After companypleting the investigation, the accused was sent up for trial.
With the intervention of Mani Ram and PW 7 Raj Kumari, wife of the deceased, the accused was prevented from dragging the deceased out of the house but the accused left the house with a threat.
Further, Lakhi Ram PW 4 and Bahadur Singh PW 3 told him that the accused was seen beating the deceased with a stone at 8.30 P.M. One Jagdish Singh told him that he had seen the dead body near the bank of the river near the field of Ratan Singh.
The prosecution examined as many as 12 witnesses.
The accused in his statement under 313 Cr.
Case of the prosecution is that the appellant caused the death of Surat Singh deceased with a stone at 8.30 P.M. on 1st April, 1983 at Village Jantanwala.
On 2 nd April, 1983 at 9.05 A.M., Mani Ram father of the deceased who died during pendency of proceedings before the trial Court lodged FIR to the effect that on 28th March, 1983, the Page 1 Criminal Appeal No.1848 of 2008 deceased had gone to the house of the accused to celebrate holi.
He examined his brother, DW 1 Vijendra Kumar Sharma in support of his version.
After companysidering the evidence on record, the trial Court companyvicted and sentenced the appellant which has been affirmed by the High Court.
P.C. took the Page 2 Criminal Appeal No.1848 of 2008 plea that he was falsely implicated as he was member of Yuvak Gram Kalyan Samiti and he had made companyplaint to the District Magistrate against illegal distillation of liquor which made the police inimical to him.
He had also made a companyplaint against illegal dealings of the companytractors in selling Government cement which had made companytractors inimical to him.
After registering the FIR, the investigation was companyducted by SO Rajpal Singh PW 11.
