SEWA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is an appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short 'Code') against the judgment dated 12 -7 -2002, whereby both the Appellants were convicted and sentence of death was passed under Section 302 I.P.C. read with Section 34 I.P.C. They were also convicted and sentenced to undergo R.I. for five years each under Section 376 I.P.C. read with Section 34 I.P.C. and R.I. for four years each under Section 377 I.P.C. read with Section 34 I.P.C. They were, however, acquitted of the charge under Section 201 I.P.C. Appellant Sewa Singh was further acquitted of the charge under Section 4/25 Arms Act.

(2.) CRIMINAL reference under Section 366 of the 'Code' is submitted by Sessions Judge, Udham Singh Nagar in view of the sentence of death passed against both the Appellants, per aforesaid judgment in Sessions Trial Nos. 378/2000 and 379/2000, which were consolidated for trial.

(3.) AS per the prosecution version on 19.8.2000 also she left her house for the school but failed to return till late evening hours. Her father, Massa Singh and other villagers then started making search of her. At about 12.30 in the night between 19/20.8.2000 the dead body of Km. Sukhvinder Kaur was found lying in half naked state with injuries in the sugarcane field of Sukhchain Singh of village Uttam Nagar situate adjacent to the Uttam Nagar -Hasanpur 'Kuchha Rasta'. The sugar cane field is the part of the territory of village Hasanpur. The victim had sustained fatal injuries of sharp edged weapon some time after 1.30 p.m. when she was returning to her house from the school. It was apparent that the victim was forcibly taken inside the sugar cane field with evil intention on her chastity and when she put resistance she was killed at that spot.