JAGAT SINGH Vs. STATE

JUDGEMENT

(1.) This appeal preferred by the appellants through jail under Section 374 of Cr.P.C. is directed against the judgment and order dated 21.7.2006 passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 13/2005, State versus Jagat Singh and another, whereby the learned Sessions Judge convicted accused/appellants Jagat Singh and Gagan Singh under Sections 302, 201, 506(2) I.P.C. The Sessions Judge while convicting the accused- appellants under Section 302 I.P.C. sentenced them to undergo life imprisonment and fine of Rs.25,000/- each and in default of payment of fine they were directed to further undergo imprisonment for one year each. The Sessions Judge while convicting the accused-appellants under Section 201 I.P.C. sentenced them to undergo simple imprisonment for seven years and fine of Rs.5,000/- each and in default of payment of fine they were directed to further undergo imprisonment for two months each. The Sessions Judge while convicting the accused-appellants under Section 506(2) I.P.C. sentenced them to undergo simple imprisonment for two years and fine of Rs.1,000/- each and in default of payment of fine they were directed to further undergo imprisonment for fifteen days each. All the sentences were directed to be run concurrently.

(2.) Prosecution story in brief is that on 19.2.2005 complainant Bahadur Singh resident of village Kantauli Jamtadi P.S. Askot Pithoragrah lodged a written report/F.I.R. (Ext.Ka.1) with P.S. Askot, on the basis of which entry to this effect was made in the General Diary vide Ext.Ka.6 and Chick F.I.R. (Ext.Ka.3) was recorded. The complainant alleged in his report that his nephew (Bhanja) Kundan Singh son of Paan Singh resident of village Rajauda District Betadi, Nepal, who along with his family members had been residing in village Jamtadi for about one year, had gone to Chiran along with his companion and on 16.2.2005 Kundan Singh was found dead at Askot-Jamtadi road, Pokhari. The police prepared inquest on the dead body of deceased Kundan Singh and sent the dead body for post mortem examination. On being returned after post mortem examination was conducted complainant came to know that his nephew Kundan Singh was murdered by Jagat Singh and Gagan Singh on 15.2.2005 and his dead body was found lying on the way after commission of murder. It has also been alleged that accused Jagat Singh and Gagan Singh had absconded from the village on the date of occurrence. The quarrel between the deceased and the accused persons was seen by the people of village Jamtadi and Askot. Ramesh Singh (PW-1) had seen the accused persons throwing down the deceased after committing his murder, but due to fear PW-1 did not inform the police about the incident, but later on he had told me about the same. It has further been alleged that on 16.2.2005 accused persons Jagat Singh and Gagan Singh gave threat to Kamla, wife of deceased Kundan Singh, that if she lodged report with the police about the offence, they would also kill her. On the basis of written report case crime no. 61/2005 was registered at P.S. Askot against the accused persons under Sections 302, 506 I.P.C. The investigating officer after completion of the investigation submitted charge sheet against the accused persons.

(3.) After submission of the charge sheet accused- appellants were committed to the court of Sessions and the learned Sessions Judge after hearing the parties framed charge of offence punishable under Sections 302, 201, 506(2) I.P.C. against accused- appellants. The accused pleaded not guilty and claimed to be tried.