TEJVEER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal preferred under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C), is directed against the judgment and order dated 31.7.2003, passed by Additional Sessions Judge/ 3rd F.T.C., Nainital, in Sessions Trial No. 406 of 1996, whereby said Court has convicted accused/appellants Tejveer Singh and Omkar @ Pappu under sections 394/397 of Indian Penal Code, 1860 (hereinafter referred as 'I.P.C.'), and each one of them has been sentenced to rigorous imprisonment for a period of ten years.

(2.) HEARD learned Counsel for the parties and perused the lower Court record.

(3.) LEARNED 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 Additional Sessions Judge, Nainital, to whom the case was transferred, after hearing the parties on 14.8.1996, framed charge of offences punishable under section 394/397 I.P.C. against accused/appellant Tejveeer Singh and O'mkar @ Pappu, both of whom pleaded not guilty and claimed to be tried. After the accused/appellants pleaded not guilty, the prosecution got examined P.W.I Mohd. Siddiqui (informant); P.W.2 Basant Singh (injured eyewitness); P.W.3 Rajendra Singh (declared hostile); P.W.4 Yogendra Singh (scribe of the report); P.W.5 Naresh Sax- ena (declared hostile); P.W.6 Jitendra Lal (declared hostile); P.W.7 Dr. Surendra Singh (the Medical Officer who examined the injuries on the person of Basant Singh and accused Tejveer Singh); P.W.8 S.I. Urned Ali, (Investigating Officer) and PW9 A.S.I. J.C. Tiwari who prepared the check report. The oral and documentary evidence was put to the accused under section 313 Cr.P.C, in reply to which the accused pleaded that evidence adduced against them is false. However, no evidence in defence was given. PW1 Mohd. Siddiqui was recalled and examined as CW1. Thereafter, CW2 Rajeev Mishra, Bank Manager was also examined. Fresh statements under section 313 Cr.P.C were recorded of the two accused in respect of the said two witnesses.