STATE OF U.P. (NOW STATE OF UTTARAKHAND) Vs. PRAMOD KUMAR S/O ATTAR SINGH AND INDRA PAL SINGH S/O OM PRAKASH SINGH

JUDGEMENT

(1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 30.07.1999, passed by First Additional Sessions Judge, Haridwar, in Sessions Trial No. 20 of 1996, whereby said court has acquitted the respondents Pramod Kumar and Indra Pal Singh from the charge of offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short IPC).

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

(3.) THE Chief Judicial Magistrate, Roorkee, on receipt of charge sheet, and 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 sessions for trial. Learned Additional Sessions Judge, Haridwar, on 20.07.1996, after hearing the parties, framed charge of offence punishable under Section 302 read with Section 34 IPC, against both the accused Pramod and Indra Pal, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Man Singh, P.W.2 Kali Ram, P.W.3 Babli (complainant), P.W.4 Sub -Inspector Anil Raghav, who started investigation, P.W.5 Dr. R.C. Nautiyal, who conducted post -mortem examination, P.W.6 Sunil Kumar, and P.W7 Sub -Inspector R.P. Singh. Oral and documentary evidence was put to the accused under Section 313 Cr.P.C., in reply to which they simply stated that they had no knowledge of the circumstances brought on record by the prosecution. Accused Pramod further pleaded that he had no house near the place of incident and he lives at a distance of two furlong, which is too far from the place of incident. However, no evidence in defence was adduced. The trial court, after hearing the parties, found that the prosecution has utterly failed in proving the charge of offence punishable under Section 302/34 IPC, against the accused, and acquitted them from the charge. Aggrieved by said judgment and order dated 30.07.1999, this appeal was filed by the State before Allahabad High Court on 28.10.1999, the appeal is received by this Court under Section 35 of U.P. Reorganization Act, 2000 (Central Act 29 of 2000) for its disposal. In the year 2006, leave was granted and the appeal was admitted. Lower court record was summoned. Accused/respondents were already represented through their counsel.