SARVAJEET SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 18.01.2002 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 185 of 1999 whereby said court has convicted accused appellants, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh under sections 302, 436 and 427 of Indian Penal Code, 1860 (for short IPC). Each one of convicts has been sentenced to imprisonment for life under section 302 IPC, rigorous imprisonment for a period of 5 years under section 436 IPC and rigorous imprisonment for a period of one year under section 427 IPC.

(2.) HEARD learned counsel for the parties and perused the evidence led in the lower court.

(3.) THE oral and documentary evidence were put to the accused under section 313 Cr.P.C. by the trial court in reply to which they pleaded that they have been falsely implicated in the crime due to enmity over the ancestral landed property. It is also pleaded by them that PW4 Baljeet Kaur and PW5 Paramjeet Singh are brother and sister. No evidence in defence was adduced. THE trial court after hearing the parties found that prosecution has successfully proved the charge of offences punishable under sections 302, 436, 427 IPC against all the three accused, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh and convicted them accordingly. After hearing on sentence, each one of the convicts was sentenced to imprisonment for life under section 302 IPC, rigorous imprisonment for a period of 5 years under section 436 IPC and rigorous imprisonment for a period of one year under section 427 IPC. Aggrieved by the said judgment and order dated 18.01.2002 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 185 of 1999, this appeal is preferred by the convicts.