PAPPAL (IN JAIL) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 6th July 2006, passed by Addl. Sessions Judge/First Fast Track Court, Roorkee, District Haridwar, in Sessions Trial No. 395 of 1999, whereby said court has convicted accused/appellant Pappal under Section 302 and 506 of the Indian Penal Code, 1860 (for short I.P.C.). The convict has been sen­tenced to imprisonment for life, and di­rected to pay fine of Rs. 5,000/- under Section 302 of I.P.C. He is further sen­tenced to rigorous imprisonment for a period of one year under Section 506 of I.P.C.

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

(3.) ON the receipt of the charge sheet, Addl. Civil Judge (Senior Division)/Addl. Chief Judicial Magistrate, Roorkee, 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. Meanwhile, the report (Ext. A -25) was received from the Forensic Science Laboratory, Agra. On 13.09.1999, the trial court, after hearing the parties, framed charge of offence pun­ishable under Section 302 read with Sec­tion 34, and one punishable under Sec­tion 506 of I.P.C., against accused Pappal, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Dheer Singh (corri-plainant and eyewitness); P.W. 2 Jompal (another eyewitness, who is also witness of recovery of pistol); P.W. 3 Dr. R.R. Verma (who conducted the postmortem examination on the two dead bodies); P.W. 4 Asstt. Sub Inspector Prakash Veer (who prepared the check report (Ext. A -8), on the basis of the FIR lodged by com­plainant, and made necessary entry in the General Diary); P.W. 5 Constable Mahendra Singh (who stated that he took the dead bodies in sealed condition along with necessary papers for postmortem ex­amination); P.W. 6 Sub Inspector Dinesh Chandra Mishra (who prepared the in­quest reports); P.W. 7 Sub Inspector Narayan Singh Verma (who accc npanied the Investigating Officer during investiga­tion and witnessed the recovery of coun­try made pistol on pointing out of accused Sushil), and P.W. 8 Sub Inspector Hari Prakash Vats (Investigating Officer). The oral and documentary evidence was put to the accused Pappal under Section 313 of Cr.P.C., in reply to which he alleged the same to be false. He pleaded that he has been falsely implicated due to enmity. However, no evidence in defence was ad­duced. The trial court, after hearing the parties, found that the prosecution has successfully proved charge of offences pun­ishable under Section 302 and 506 of I.P.C. against the accused. After hearing the parties on sentence, the trial court sen­tenced the convict Pappal to'imprisonment for life, and directed to pay fine of Rs. 5,000/- under Section 302 of I.P.C. The convict was further sentenced to undergo rigorous imprisonment for a period of one year under Section 506 of I.P.C. Ag­grieved by said judgment and order dated 06.07.2006, passed by Addl. Sessions Judge/First Fast Track Court, Roorkee, District Haridwar, in Sessions Trial No. 395 of 1999, this appeal is preferred by the convict Pappal before this Court.