BAHADUR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is di­rected against the judgment and order dated 30.01.1996, passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 27 of 1993, whereby said court has convicted appellants Bahadur Singh and Parwati Devi under Section 302 read with Section 34 of Indian Penal Code, 1860 (herein after referred as I.P.C), and each one of them is sentenced to un­dergo imprisonment for life.

(2.) HEARD learned counsel for the par­ties, and perused the lower court record.

(3.) THE Magistrate, on receipt of charge sheet, after giving necessary cop­ies, as required under Section 207 Cr.P.C., committed the case to the court of Sessions, for trial. Learned Sessions Judge, after hearing the parties, on 07.12.1993, framed charge of offence, punishable under Section 302 read with Section 34 I.P.C., to which both the ac­cused pleaded not guilty and claimed to be tried. On this, prosecution got exam­ined P.W. 1 Dr. Lakhan lal Aswasthi (in whose presence dying declaration was re­corded), P.W. 2 Bhagwan Singh (a mi­nor eye-witness), P.W. 3 Narain Singh (complainant and eye-witness), P.W. 4 Dan Singh (an eye-witness), P.W. 5 Smt. Jeewanti Devi (eye-witness), P.W. 6 Smt. Tara Joshi, P.W. 7 Jiwan Singh, P.W. 8 Dr. Harish Chandra Pathak (who con­ducted post mortem examination), and P.W. 9 Keshav Dutt Pandey (Investigat­ing Officer). The oral and documentary evidence were put to both the accused under Section 313 Cr.P.C. in reply to which they alleged the same to be false. It is pleaded by them that they were im­plicated due to enmity. However, no evi­dence in defence was given. The trial court after hearing the parties, found both the accused Bahadur Singh and Parwati Devi guilty of charge of offence punish­able under Section 302 read with Section 34 I.P.C. After hearing on sentence, the trial court sentenced each of the convicts to imprisonment for life. Aggrieved by said judgment and order dated 30.01.1996, passed by learned Sessions Judge, Pithoragarh, this appeal was pre­ferred by the convicti before Allahabad High Court on 07.u2.1996, where it was admitted. The appeal is received by this Court by transfer under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.