STATE Vs. SANJAY KUMAR

JUDGEMENT

(1.) This appeal, preferred under Section 378 (4) of Code of Criminal Procedure, 1973, is directed against the judgment and or­der dated 28.8.2002 passed by Additional Sessions Judge/First Fast Track Court, Haridwar, whereby the respondents Sanjay Kumar and Ishwar Chand are acquitted from the charge of offences punishable under Section 302/34 and 201 of India Penal Code, 1860.

(2.) HEARD Mr. M. A. Khan, brief holder, present for the State and Smt. Vijay Laxmi Phartiyal Amicus Curiae for the accused-respondent, and perused the lower court record.

(3.) CHIEF Judicial Magistrate Haridwar, on receipt of the charge sheet after giving the necessary copies to the accused, as required under Section 307 o Cr.P.C., committed the case to the Cour of Sessions for trial. The trial court, after hearing the parties on 25.6.1996, framed charge for offences punishable under Sec­tion 302 read with 34 and under Section 201 IPC, to which both the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Sad lal (complainant), P.W.2 Smt. Munshi (mother of the deceased), P.W.3 Darban Singh (brother of the Headed), P.W. 4 Uttam (who found dead body hanging), P.W.5 Sant Ram (J clared hos­tile), P.W.6 Gopal (declared hostile), P.W.7 Surajmal (grand son of the com­plainant), P.W.8 Dr. Harkishan (who con­ducted post mortem examination), P.W.9 Dr. N.D. Arora, P.W. 10 Sub-Inspector A.B. Saifi Investigating Officer, and P.W. 11 constable Bhanu Pratap Singh who prepared the check report. The pral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which, they alleged the evidence adduced against them was false. How­ever, no evidence in defence was adduced. The trial court, after hearing the parties, found that prosecution has failed to prove charge of offence punishable under Sec­tion 302/34, and that of one punishable under Section 201 IPC against either of two accused. The trial court acquitted them on the aforesaid charge. Aggrieved by the said judgment and order dated 28.8.2002 passed by Additional Sessions Judge/First Fast Track Court, Haridwar in Sessions trial No. 313 of 1995, this ap­peal was filed before this Court. The leave is granted by this Court on 27.11.2002, lower court record was summoned and accused were also summoned.