GURBACHAN SINGH S/O SHRI TARA SINGH AND HARJEET SINGH S/O SHRI GURBACHAN SINGH Vs. STATE OF UTTARANCHAL (UTTARAKHAND)

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 14th February, 2001 passed by Additional Sessions Judge, Haldwani (District Nainital) in Sessions Trial No. 227 of 1995, whereby said Court has convicted the Appellants Gurbachan Singh and Harjeet Singh under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short I.P.C) and under Section 323 read with Section 34 I.P.C. Each one of them has been sentenced to imprisonment for life and directed to pay fine of Rs. 2,500/ - under Section 302/34 I.P.C. Each one of the convicts is further sentenced to undergo rigorous imprisonment for a period of six months under Section 323 read with Section 34 I.P.C.

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

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 Code of Criminal Procedure appears to have committed the case to the Court of Sessions for trial. On 11.07.1995, after hearing the parties, the trial Court framed charge of offences punishable under Section 302 and 323 I.P.C. against the two accused, namely, Gurbachan Singh and Harjeet Singh, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Pargat Singh (informant), P.W. 2 Rajendar Singh (injured eye witness), P.W. 3 Prakash Kaur (widow of the deceased and eye witness), P.W. 4 Avtar Singh and P.W. 5 Nirmal Singh (both witnesses of recovery of weapons on pointing out of the accused), P.W. 6 Harnek Singh (an eye witness), P.W. 7 Dr. Vimal Kumar, who conducted post mortem examination, P.W. 8 Dr. Pramod Kumar Mishra, who recorded injuries on the person of deceased (before his death) and on the person of two eye witnesses (P.W. 2 and P.W. 3), P.W. 9 Constable Naresh Chandra, who prepared Check Report and made entry in the General Diary, and P.W. 10 Sub Inspector Mohd. Iqbal, who investigated the crime. Oral and documentary evidence was put to the accused by the trial Court under Section 313 Code of Criminal Procedure in reply to which they pleaded evidence adduced against them, was false. However, no evidence, in defence, was adduced. The trial Court after hearing the parties found that prosecution has successfully proved the charge of offence punishable under Section 302 read with Section 34 I.P.C. and one punishable under Section 323 read with Section 34 I.P.C. against both the accused/Appellants, namely, Gurbachan Singh and Harjeet Singh and convicted them, accordingly. After hearing on sentence, each one of the convicts was sentenced to imprisonment for life and directed to pay fine of Rs. 2,500/ -, in default of payment of which the defaulter had to further undergo rigorous imprisonment for a period of six months. The convicts were further sentenced to undergo rigorous imprisonment for a period of six months under Section 323 read with Section 34 I.P.C. Aggrieved by said judgment and order dated 14.02.2001 passed by Additional Sessions Judge, Haldwani in Sessions Trial No. 227 of 1995, this appeal is filed by the two convicts.