FAKEER RAM Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judg ­ment and order dated 05.02.2001, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 05 of 1994, whereby said court has convicted accused/appellant Fakeer Ram under section 302 of Indian Penal Code, 1860, (for short I.P.C), and sen ­tenced him to imprisonment for life.

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

(3.) THE Magistrate, on receipt of the charge sheet, 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, Pithoragarh, on 14.12.1994, after hearing the parties, framed charge of of ­fence punishable under section 3021.P.C., against accused Fakeer Ram, who pleaded not guilty, and claimed to be tried. On this, prosecution got examined PW1 Radhey ant (Village Pradhan) who witnessed the pro ­ceedings of the inquest report, PW2 Shankar lal (informant), cousin of the deceased, PW3 Dr. K.S. Mehta (who conducted post mortem examination), PW4 Jagat Sen {cousin of the accused (declared hostile)}, PW5 Mohan Ram (father of the deceased), PW6 Prem Ram (the star eye witness), and PW7 Sub Inspector P.K. Upreti (who inves ­tigated the crime). Oral and documentary evidence was put to the accused under sec ­tion 313 Cr.P.C., in reply to which he ad ­mitted that he got married to Devki Devi in May 1993, he further admitted that his brother in law Prem Ram (PW6) used to live with him. However, he denied the other evidence on record, and alleged that he has been falsely implicated due to the enmity with Village Pradhan. However, no evidence in defence was adduced. The trial court, after hearing the parties, found that pros ­ecution has successfully proved charge of offence punishable under section 302 I.P.C., against accused Fakeer Ram, and convicted him accordingly. After hearing on sentence, the convict was sentenced to im ­prisonment for life. Aggrieved by said judg ­ment and order dated 05.02.2001, passed by Sessions Judge, Pithoragarh in Sessions Trial No. 05 of 1994, this appeal is filed by the convict.