PRAKASH & ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Pro­cedure, 1973 (hereinafter referred as Cr.P.C.) is directed against the judgment and order dated 18.03.1996, passed by III Addl. Sessions Judge, Nainital, in Ses­sions trial No. 117 of 1993, whereby ac­cused/appellant Prakash is convicted un­der Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) in Sessions Trial No. 117 of 1993, and sen­tenced to imprisonment for life. He is fur­ther convicted under Section 25 of the Arms Act, 1959 (in Sessions Trial No. 115 of 1993), and sentenced to rigorous imprisonment for a period of one year. Other three accused/appellants, namely Channi (since deceased), Tilak Ram and Shauraj (since deceased) have been con­victed under Section 302 read with Sec­tion 34 of I.P.C., and each one of them has been sentenced to imprisonment for life. During the pendency of this appeal, accused/appellants Channi and Shauraj have died, and appeal filed on their be­half stands abated.

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

(3.) ON receipt of both the charge sheets, after giving necessary copies to the accused as required under Section 207 of Cr.P.C., learned Magistrate com­mitted the cases to the court of Sessions, for trial. On 10.01.1994, after hearing the parties, the charge of offence punishable under Section 302 of I.P.C., and another charge of offence punishable under Sec­tion 25 of the Arms Act were framed against the accused/appellant Prakash, who pleaded not guilty and claimed to be tried. The other three accused/appellants were charged of the offence punishable under Section 302 read with Section 34 of I.P.C., and they too pleaded not guilty and claimed to be tried. On this, prosecu­tion recorded the evidence of both the cases, and got examined P.W. 1 Gurmukh Singh (declared hostile); P.W. 2 Satbir Singh (declared hostile); P.W. 3 Harbhajan Singh (declared hostile); P.W. 4 Jogendra Singh (complainant and eye­witness); P.W. 5 Constable Jagram Singh (witness of recovery of country made pis­tol); P.W. 6 Constable Vishwa Bandhu (also witness of recovery of firearm and cartridges) and P.W. 7 Raghubir. The de­fence counsel admitted the genuineness of the documentary evidence, postmor­tem examination report (Ext. A -12), site plan (Ext. A -13), check report (Ext. A -14), charge sheet (Ext. A -15), site plan of the recovery of firearm (Ext. A -17), sanction from the District Magistrate (Ext. A -18), and other papers. The trial court, after hearing the parties, found accused/appellant Prakash guilty of charge of offence punishable under Section 302 of I.P.C., and one punishable under Section 25 of the Arms Act. It further found re­maining three accused, namely Tilak Ram, Channi and Shauraj guilty of of­fence punishable under Section 302 read with Section 34 of I.P.C. After hearing the parties, the trial court sentenced convict Prakash to imprisonment for life under Section 302 of I.P.C., and rigorous imprisonment for a period of one year un­der Section 25 of the Arms Act Each one of the remaining accused, namely Tilak Ram, Channi and Shauraj was also sen­tenced to imprisonment for life under Section 302 read with Section 34 of I.P.C. Aggrieved by said judgment and order dated 18.03.1996, passed by III Addl. Sessions Judge, Nainital, this ap­peal was filed on behalf of the appellants before the Allahabad High Court on 01.04.1996, where it was admitted on 02.04.1996. The appeal is received by transfer to this Court under Section 35 of the U.P. Re-organization Act, 2000 (Cen­tral Act No. 29 of 2000), for its disposal.