LAWS(UTN)-2011-3-60

NANDAN SINGH Vs. STATE OF UTTAR PRADESH

Decided On March 16, 2011
NANDAN SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS appeal preferred under Section 374 Code of Criminal Procedure, 1973 (for short Cr.P.C) is directed against the judgment and order dated 19.05.1998 passed by the Sessions Judge, Almora whereby appellant Nandan Singh has been convicted under Section 302 read with Section 34 Indian Penal Code (for short I.P.C.) and sentenced to imprisonment for life.

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

(3.) THE prosecution got examined P.W.1 Motuli Devi (informant) eyewitness/widow of the deceased, P.W.2 Trilok Singh injured eyewitness, P.W.3 Ms. Hema eyewitness/niece of the deceased, P.W.4 Dr. P.K. Shukla who conducted post mortem examination, P.W.5 Dr. Y.S. Thapliyal who recorded injuries on person of Trilok Singh and P.W.6 Balwant Singh (Patwari/Investigating Officer). THE oral and documentary evidence was put to the accused under Section 313 Cr.P.C. In reply to which he alleged it to be false. However, no evidence in defence was adduced. After hearing the parties, the trial court found accused Nandan Singh guilty of charge offence punishable under Section 302 read with Section 34 I.P.C. only. He was acquitted from the charge of offence punishable under Section 307/34 I.P.C. After hearing on sentence, the trial court sentenced the convict to imprisonment for life under Section 302/34 I.P.C. Aggrieved by the said judgment and order dated 19.05.1998 passed by Sessions Judge, Almora in Sessions Trial no.7 of 1992, this appeal was filed before the Allahabad High Court on 5th June, 1998. THE appeal is received by this Court under Section 35 of U.P. Reorganization Act, 2000 (Central Act No.29/2000) for its disposal.