KIRAN SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD Sri Akhil Kumar Sah, Advocate for the revisionist and Sri M.A. Khan, Brief Holder for the State/Respondent No. 1 as well as Sri Manish Arora, Advocate for Respondent Nos. 2 to 4.

(2.) THIS revision has been directed against the judgment and order of learned Sessions Judge dated 22.11.2003 passed in Criminal Appeal No. 46 of 2002, Maharaj Singh v. State, whereby the private Respondents No. 2 to 4 were acquitted for the charges of Sections 323, 34, 307 Indian Penal Code. All these private Respondents faced trial in the court of Assistant Sessions Judge and in Sessions Trial No. 408 of 1999, the learned Assistant Sessions Judge convicted all of them for the offences, stated above, vide his judgment dated 27.8.2002.

(3.) THE third ground advanced by way of this revision is that the learned Sessions Judge has relied on the false and fabricated Photostat copies of the affidavits. This ground is also baseless, inasmuch as, the learned Sessions Judge has analyzed the merits of the evidence, as deposed by the witnesses. No. doubt, the questions were asked in the chief -examination as well as in the cross one regarding the photostat copies of the affidavits, which the witnesses gave during the course of investigation, in original, to the investigating officer, but the evidence, as has been adduced by the witnesses, has been taken into consideration at length by the learned Sessions Judge.