RAM SEWAK MAHATO Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is received through Superintendent, District Jail, Dehradun. The appeal is di­rected against judgment and order dated 25.05.2009 passed by Sessions Judge, Pithoragarh, in Sessions trial No.23 of 2007, whereby the said court has con­victed accused/appellant Ram Sewak Mahato under sections 302, 394 and 411 of Indian Penal Code, 1860 (for short IPC). He has been sentenced to imprison­ment for life, and directed to pay fine of ' 5000/- under section 302 IPC, rigorous imprisonment for the period of ten years, and directed to pay fine ' 5000/- under section 394 IPC, and rigorous imprison­ment for the period of one year under section 411 IPC.

(2.) HEARD learned Amicus Curiae for the appellant, learned counsel for the State and perused the lower court record.

(3.) THE Magistrate on receipt of the chargesheet, after giving necessary copies to the accused as required under section 207 of Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge on 30.06.2007 after hearing the par­ties, framed the charge of offences pun­ishable under sections 302, 394 and 411 IPC against accused Ram Sewak Mahato who pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Dr. K.S. Mehta who conducted post­mortem examination, PW-2 Chandra Shekhar who scribed first information re­port, and also witnessed recovery of jew­ellery, PW-3 Deepak Joshi who saw Basanti Devi @ De.vki Devi, being followed by accused Raw Sewak Mahato, PW-4 Neeraj Singh, PW-5 Basant Ballabh Bhatt (both witnesses who gave similar state­ments that they last saw deceased was being followed by the accused), PW-6 Naresh Chandra Bhatt (complainant), PW-7 Head Constable Sada Ram who regis­tered the crime at police station, PW-8 Sheesh Chand, Judicial Magistrate who recorded statement of accused Ram Sewak Mahato under section 164 of Cr.P.C., PW-9 Sub Inspector Vipin Chandra Sharma who started the investigation, and PW-10 Sub Inspector Dalip Singh who completed the investigation.