KASHMIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC), is directed against the judgment and order dated 23.10.2001 passed by the Ist F.T.C./Additional Sessions Judge, Haldwani (Nainital) in Sessions Trial No. 58 of 1999, State v. Kashmir Singh, vide which Appellant has been convicted under Section 302 IPC and sentenced to rigorous imprisonment for life.

(2.) HEARD Mr. Raman Kumar Shah, learned Counsel for the Appellant and Mr. Amit Bhatt, Addl. GA for the State and also perused the trial court record.

(3.) THE prosecution in order to prove its case examined as many as seven witnesses, namely, PW1 Premwati, the complainant; PW2 Champa Devi & PW3 Heera Devi, who were present at the time of occurrence; PW4 Dr. Yashpal Singh, who conducted the post -mortem on the dead body of Munna on 25.1.1999 and prepared the post -mortem report Ex. Ka -2; PW5 Pan Singh is the witness of recovery of Farsa used in the commission of crime; PW6 S.I. Shiv Singh, the I.O. of the case, and PW7 Head Constable Rohatak Singh, recorded the chick FIR Ex. Ka -4.