MANOJ KUMAR S/O LATE SRI PADI RAM AND SMT. NEELAM SHILANG W/O LATE SRI AJAY SUSHEEL SHILANG Vs. STATE OF UTTARANCHAL (NOW STATE OF 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 28.09.2004 passed by Sessions Judge, Nainital in Sessions Trial No. 106 of 2003, whereby said court has convicted the accused/Appellants Manoj Kumar and Neelam Shilong under Section 302 and 120 -B I.P.C. and each one of the convicts has been sentenced to imprisonment for life under Section 302 of Indian Penal Code, 1860 (for short I.P.C.) and rigorous imprisonment for a period of three years under Section 120 -B 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 and after giving necessary copies to the accused, as required under Section 207 of Code of Criminal Procedure , committed the case to the Court of Sessions for trial. On 20th October, 2003 learned Sessions Judge, Nainital after hearing the parties framed charge of offence punishable under Section 302/34 I.P.C. against the two accused Manoj Kumar and Arjun Kumar. A separate sheet was framed against the accused Neelam Silong relating to offence punishable under Section 302 and under Section 120 -B I.P.C. All the accused pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Ram Lakhan Vishvkarma, Chief Administrative Officer of the Government Observatory (informant), P.W.2 Pratap Singh, a Driver/employee of the Observatory, who accompanied the deceased on his way back from Nainital to Observatory in the bus, P.W.3 Laxman Singh, another employee of the Observatory and the witness of the same fact, P.W.4 Nitin Joshi (declared hostile), P.W.5 Ashok (declared hostile), P.W.6 Professor Ram Sagar, Director of the Observatory, who made a statement that Neelam was interrogated in his presence by the Investigating Officer, P.W.7 Deshmukh Jon Jackab, brother -in -law of the deceased, who has stated that the Appellants had illicit relations, P.W.8 Mohan Lal Sah (declared hostile), P.W.9 Jagdish Bann (declared hostile), P.W.10 Sub Inspector Ram Kumar Juyal, who prepared the inquest report and also witnessed the recovery of rope, P.W.11 Dr. Chandra Mohan Singh Dhami, who conducted post mortem examination and P.W.12 Nityanand Pant, who investigated the crime. Oral and documentary evidence was put to the accused under Section 313 Code of Criminal Procedure in reply to which accused alleged same to be false. Accused Neelam further stated that she was harassed during investigation after she was taken in to custody and compelled to make a false statement. However, no evidence in defence was adduced. The trial court after hearing the parties found that prosecution has failed to prove charge of offence punishable under Section 302 I.P.C. against accused Arjun Kumar but it has successfully proved charge of offences punishable under Section 302 and 120 -B against accused Manoj Kumar and Neelam Silong. The two were convicted, accordingly. After hearing on sentence, the trial court sentenced each one of the convicts to imprisonment for life under Section 302 I.P.C. and rigorous imprisonment for a period of three years under Section 120 -B I.P.C. Aggrieved by the said judgment and order dated 28.09.2004 passed by Sessions Judge, Nainital in Sessions Trial No. 106 of 2003, this appeal is preferred by the two convicts.