VEERAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH these two appeals are directed against judgment and order dated 10.07.2002, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 443 of 2000, whereby appellants namely Veeran lal, Rajan lal and Prabhu Charan are con­victed under section 302 read with section 34 of Indian Penal Code, 1860 (for short IPC), and each one of them has been sentenced to rigorous imprisonment for life.

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

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary cop­ies to the accused, committed the case to the court of session for their trial (The cases relating to 25/4 of Arms Act, were also committed to the court of sessions). The trial court, after hearing the parties, framed charge of offence punishable un­der section 302 read with section 34 I.P.C., on 08.06.2001, against all the three accused Veeran lal, Rajan lal and Prabhu Charan, who pleaded not guilty, and claimed to be tried. On this, prosecu­tion got examined P. W. 1 Chotte lal (com­plainant, and father of the deceased), P.W.2 Rahul (an eye witness), P.W.3 Dr. S.C.S. Koranga (who conducted post­mortem examination), P.W.4 S.I. K.P.Singh (in whose presence accused Veeran lal was arrested), P.W.5 Balwant Singh (the then Head Constable who pre­pared the check report, and made neces­sary entry in general diary), P.W.6 S.I. G.L. Arya (who prepared the inquest re­port of the dead body), P.W.7-S.I. Devki Nandan (in whose presence accused Prabhu Charan was arrested), and P.W.8 Inspector Prahalad Singh (the Investigat­ing Officer). Oral and documentary evi­dence was put to the accused under sec­tion 313 Cr.P.C., in reply to which they alleged that they have been falsely impli­cated due to enmity. However, the three accused admitted that in the shop opened in Padagaon by Chotte lal, Baburam used to sit there to sell meat. They also admitted that in Sitarganj the meat shop of Chotte lal, and that of Veeran lal is separated by a road. No evidence in de­fence was adduced. The trial court, after hearing the parties, found all the three accused guilty of charge of offence pun­ishable under section 302 read with sec­tion 34 I.P.C. After hearing on sentence, each one of the convicts was sentenced to rigorous imprisonment for life. Ag­grieved by said judgment and order dated 10.07.2002, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 443 of 2000, these two appeals were filed by the three convicts.