JASBEER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure ), is directed against the judgment and order dated 20th December, 2000 passed by 2nd Additional Sessions Judge, Nainital in Sessions Trial No. 173 of 1996, whereby said court has convicted the two Appellants, namely, Jasbeer Singh and Munna Fakir under Section 302 read with Section 34 of the Indian Penal Code, 1860 ( for short I.P.C) and, sentenced each one of them imprisonment for life and to pay a fine of Rs. 10,000/ -.

(2.) HEARD Learned Counsel for the parties and perused the lower court record.

(3.) THE Magistrate, on receipt of the charge sheets, after giving necessary copies to the accused, as required under Section 207 Cr. PC, committed the cases to the Court of Sessions for trial. Sessions Trial No. 173 of 1996 has arisen out of crime No. 456 of 1995 relating to offence punishable under Section 302 1.PC, Sessions Trial No. 174 of 1996 arose out of crime No. 457 of 1995 relating to offence punishable under Section 25 Arms Act, against accused Jasbeer Singh and Sessions Trial No. 175 of 1996 arose out of crime No. 458 of 1995 relating to offence punishable under Section 25 Arms Act, against accused Munna Fakir. All the three cases were consolidated and evidence was recorded together. On 30th March, 1996, the trial court, after hearing the parties, framed charge of offence punishable under Section 302 I.PC. against accused Munna Fakir and a separate charge relating to offence punishable under Section 302 read with Section 34 1.PC. against accused Jasbeer Singh. Both pleaded not guilty and claimed to be tried. Separate charges appear to have been framed against the two accused in respect of offence punishable under Section 25 Arms Act, which were also denied by the accused, who claimed their trial. On this, prosecution got examined P. W. 1 Parmindar Singh (complainant and eyewitness), P. W.2 Ranjeet Singh (minor son of deceased and eyewitness), P.W. 3 Dr. Shailendra Kumar Mishra, who conducted post mortem examination, PW.4Smt. GurdeepKaur (widow of the deceased and eyewitness), P.W. 5 Sub Inspector B.D. Saraswat, who investigated the crime relating to offence punishable under Section 25 Arms Act, and P. W.6 Sub Inspector PL. Arya, who investigated the crime relating to offence punishable under Section 302 I.PC. Oral and documentary evidence appears to have been put to the accused under Section 313 Cr. PC., in reply to which they alleged the same to be false. The accused pleaded that they had been falsely implicated due to enmity. In defence, D.W. 1 S.K. Garg, Sub Divisional Officer of Power Corporation, was got examined, on behalf of the accused. After hearing the parties, the trial court found both the accused Jasbeer Singh and Munna Fakir guilty of charge of offence punishable under Section 302 read with Section 34 IPC. However, the trial court found that the prosecution failed to prove charge of offence punishable under Section 25 Arms Act beyond reasonable doubt against the two accused and acquitted them of said charge. After hearing on sentence, each one of the convicts was sentenced to imprisonment for life and directed to pay a fine of Rs. 10,000/ -, in default of payment of which further rigorous imprisonment for one year was directed to be served. Aggrieved by the said judgment and order dated 20th December, 2000 passed by 2nd Additional Sessions Judge, Nainital in Sessions Trial No. 173 of 1996, this appeal was filed by the two convicts.