GOPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal jail appeal has been preferred against the judgment and order dated 29.2.2008, passed by the Sessions Judge, Champawat (Camp Court Lohaghat) in Sessions Trial No. 13/2005, State v. Gopal Singh, in Crime No. 1/2005, whereby the accused Gopal Singh has been convicted under Section 304 (Part II) and 326 Indian Penal Code for the assassination of his wife and aunt.

(2.) THE learned Amicus Curiae on behalf of the Appellant argued that the Appellant has been convicted on the basis of statement of his mother made under Section 164 Code of Criminal Procedure before the Chief Judicial Magistrate, Champawat. Though that statement was proved by the concerned Magistrate before the trial court, but the deponent Smt. Punly Devi (mother) resiled from her said statement of Section 164 Code of Criminal Procedure, and deposed contrary before the trial court.

(3.) THE learned Amicus Curiae, without arguing anymore on the merits of the case, has only prayed for clemency of this Court for reduction of the sentence.