RAJENDRA SINGH S/O SURJAN SINGH AND POORAN SINGH S/O LAL SINGH Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)

JUDGEMENT

(1.) BOTH these two appeals are directed against judgment and order dated 23.01.1999, passed by Additional Sessions Judge/ Special Judge, Nainital, in Sessions Trial No. 570 of 1996, whereby appellants Rajendra Singh and Pooran Singh have been convicted under Section 302, and 201 of Indian Penal Code, 1860, and each one of the convicts has been sentenced to imprisonment for life (under Section 302 IPC), and rigorous imprisonment for a period of five years under (section 201 IPC).

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

(3.) THE Judicial Magistrate, Kashipur, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 Cr.P.C., appears to have committed the case to the court of session for trial. (Earlier Tehsil Bazpur was part of District Nainital). Additional Sessions Judge, Nainital, after hearing the parties, on 21.01.1997, framed charge of offences punishable under Section 302, and 201 IPC against both the accused namely Rajendra Singh and Pooran Singh, who pleaded not guilty and claimed to be tried. On this, prosecution got examine P.W.1 Niranjan Singh (complainant), P.W.2 Balwant Singh (Eye witness), P.W.3 Jagir Singh (another eye witness), P.W.4 Arjun Singh, P.W.5 Dr. J.K. Goyal, who conducted post -mortem examination, and P.W.6 Inspector Brijendra Singh, who investigated the crime. Oral and documentary evidence was put to the accused under Section 313 Cr.P.C., in reply to which they alleged same to be false and pleaded they have been falsely implicated. However, no evidence in defence was adduced. The trial court, after hearing the parties, found both the accused guilty of charge of offences punishable under Section 302 and 201 IPC. Thereafter, the accused were heard, and each one of the convicts was sentenced to imprisonment for life under Section 302, and rigorous imprisonment for a period of five years under Section 201 IPC. Aggrieved by said judgment and order dated 23.01.1999, passed by Special Judge/Additional Sessions Judge, Nainital in Sessions Trial No. 570 of 1996, these two appeals were filed separately by the convicts before Allahabad High Court from where the same was received under Section 35 of U.P., Reorganization Act, 2000 (Central Act, 29 of 2000) for its disposal.