MUNENDRA SINGH @ MUNNA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, received through Superintendent of District Jail, Dehradun, is directed against the judgment and order dated 09.07.2009, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 2008, whereby said court has convicted accused/appellant Munendra Singh @ Munna under section 392 read with section 397 IPC and under section 304 (part II) IPC. The convict has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 5,000/ - under section 392 read with section 397 IPC. He has been further sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 2,000/ - under section 304 (Part II) IPC.

(2.) HEARD learned Amicus Curiae for the appellant, learned counsel for the State, and perused the lower court record.

(3.) THE Chief Judicial Magistrate, Tehri Garhwal, on receipt of the charge sheet (Ex. A17), after giving necessary copies to the accused as required under section 207 Cr.P.C., appears to have committed the case to the court of sessions for trial. Learned Sessions Judge, Tehri Garhwal, after hearing the parties on 19.02.2008, framed charge of offences punishable under section 392 read with section 397 IPC and under section 302 IPC, against accused Munendra Singh @ Munna who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Lokender Singh, P.W.2 Vikram Singh, P.W.3 Moor Singh, P.W.4 Smt. Laxmi, P.W.5 Safar Singh, P.W.6 Ramesh Chandra, P.W.7 Saraswati (informant), P.W.8 Shambhu Singh, P.W.9 Bachan Singh, P.W.10 Radha Krishan Suyal, P.W.11 Dr. RadhaKrishan Lal Srivastava (who conducted post mortem examination), P.W.12 Ravinder Kumar (witness of recovery of mobile phone), P.W.13 Head Constable Sidhi Lal (witness of inquest report) and P.W.14 Kripal Singh, Patwari (who investigated the crime). The oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he admitted that deceased was his relative but as to the rest of the evidence he alleged that the same is false. No evidence in defence was adduced. The trial court, after hearing the parties found that prosecution has successfully proved charge of offence punishable under section 392 read with 397 IPC and under section 302 IPC. After hearing on sentence, the convict was sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/ - under section 392/397 IPC, and rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 2,000/ - under section 304 (Part II) IPC. Aggrieved by said judgment and order dated 09.07.2009, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 2008, this appeal is preferred by the convict which was got sent through Superintendent of District Jail, Dehradun.