KEDAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is received through the Superintendent of District Jail, Dehradun, by accused/appellant Kedar Singh who has been convicted vide judgment and order dated 24.04.2009, passed by Sessions Judge, Rudraprayag, in Sessions Trial No. 11 of 2008, whereby he has been convicted under section 304 and 328 IPC. The accused/appellant has been sentenced to rigorous imprisonment for a period of ten years under section 304 IPC, and rigorous imprisonment for a period of five years, and directed to pay fine of Rs. 5,000/- under section 328 IPC.

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

(3.) THE Chief Judicial Magistrate, Rudraprayag, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, Rudraprayag, on 31.05.2008, after hearing the parties framed charge of offences punishable under section 328 and 304 IPC, against the accused/appellant Kedar Singh and two others namely Naraini Devi and Prem Singh. They pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Mangal Singh (complainant), P.W.2 Jas Pal, P.W. 3 Kalam Singh, P.W.4 Rajendra Lal @ Raju Lal, P.W. 5 Ram Bharose (declared hostile), P.W. 6 Surendra Singh, P.W.7 Virendra Singh, P.W. 8 Rajendra Singh, P.W.9 Prakash Singh, P.W.10 Dr. Govind Pujari (who conducted post-mortem examination) P.W.11 Constable Surendra Singh and P.W. 12 Rudra Singh Pal (Investigating Officer). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which the accused/appellant pleaded that evidence adduced against him is false. However, no evidence in defence was adduced. The trial court after hearing the parties found that charge of offences punishable under section 304 and 328 IPC, is proved as against accused Kedar Singh, and convicted him accordingly. As against other two accused namely Naraini Devi and Prem Singh the trial court found that charge stood not proved beyond reasonable doubt, and they were acquitted. After hearing on sentence, convict Kedar Singh was sentenced to rigorous imprisonment for a period of ten years under section 304 IPC, and rigorous imprisonment for a period of five years, and directed to pay fine of Rs. 5,000/- under section 328 IPC. Aggrieved by said judgment and order dated 24.3.2009, passed by the Sessions Judge, Rudraprayag, this appeal is got sent by the convict from District Jail, Dehradun.