SHARIF S/O CHUTTAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 12.09.1997, passed by learned IIIrd Additional Sessions Judge, Nainital, in Sessions Trial No. 15 of 1992, whereby appellant -Sharif has been convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C), and sentenced to imprisonment for life and also directed to pay fine of Rs. 1,000/ -In default of payment of fine, the trial court has directed the convict to undergo further six months rigorous imprisonment.

(2.) HEARD Amicus Curiae for the appellant and Brief Holder for the State.

(3.) THE Magistrate, on receipt of charge sheet, after giving necessary copies, as required under Section 207 Cr.P.C., committed the case to the court of Sessions, for trial. Learned IIIrd Additional Sessions Judge, Nainital, to whom the case was transferred, after hearing the parties on 22.07.1992, framed charge of offence punishable under Section 302 I.P.C. against accused Sharif, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Mohd. Jaan (declared hostile), P.W. 2 Raiees Ahmad (declared hostile), P.W. 3 Mohd. Nayeem, son of Mohd. Yasin (eye -witness), P.W. 4 Sajjik Ali Khan (witness of recovery of blood stained clothes), P.W. 5 Sub -Inspector Inder Singh (who prepared inquest report), P.W. 6 Amrik Singh (eye -witness), P.W. 7 Sub -Inspector Munna Lal (Investigating Officer), P.W. 8 Dr. Surendra Singh (who medically examined deceased at Joint Hospital, Ramnagar), P.W. 9 Khalil (eye -witness) and P.W. 10 Dr. Chandrakant (who conducted post mortem examination). The oral and documentary evidence was put to the accused under Section 313 Cr.P.C. to which he alleged the same to be false. He pleaded that he has been falsely implicated. However, no evidence in defence was adduced. The trial court after hearing the parties, found accused Sharif guilty of charge of offence punishable under Section 302 I.P.C. After hearing the parties on sentence, the trial court sentenced the convict to imprisonment for life and also directed to pay fine of Rs. 1,000/ -. In default of payment of fine the convict was required to undergo rigorous imprisonment for a further period of six months. Aggrieved by said judgment and order dated 12.09.1997, passed by IIIrd Additional Sessions Judge, Nainital in Sessions Trial No. 15 of 1992, this appeal was filed by the convict before Allahabad High Court on 24.09.1997, where it was admitted. The appeal is received by this Court by transfer under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.