PAPPA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the accusedappellant Pappa Singh against the judgement and order dated 7.2.2002 passed by learned Additional Sessions Judge/IInd F.T.C. Nainital in Sessions Trial No. 379/1997 whereby the said appellant was convicted for the offence punishable under Section 302 IPC and was awarded imprisonment for life. He was also sentenced to pay a fine of Rs. 5000/-, in default of payment of which, he was directed to undergo six months further imprisonment.

(2.) In all, four accused persons were put to trial in the court of learned Additional Sessions Judge/IInd F.T.C., Nainital. While three of them were acquitted, the accused appellant Pappa Singh was convicted by the learned trial court. Hence, the criminal appeal.

(3.) Prosecution story is that on the complaint of one Amar Singh an F.I.R. was lodged at O.P. Shakti Farm Sitarganj in District-Khatima on 22.3.1997 at 8:20 a.m. alleging that on 21.3.1997 at 1:00 p.m. complainant Amar Singh's son Jitendra @ Chhinder was playing in his house but when he did not return to his house till evening, the complainant made a frantic search for him in the village as well as in the nearby jungle till late midnight. During the course of search, fellow villagers Ranjit Singh s/o Gurdayal Singh and Rajendra Singh, s/o Sher Singh disclosed to the complainant that they had seen Jitendra @ Chhinder with Pappa Singh @ Hoshiyar Singh, s/o Bachan Singh, r/o Pipaliya, District-Udham Singh Nagar. Amar Singh went to the house of Pappa Singh to find the whereabouts of Chhinder, but to no avail. On 22.3.1997 at 7:00 a.m. he found the dead body of Jitender @ Chhinder on the field of one Diwan Singh.