DARBAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 19.06.2001, passed by learned Sessions Judge, Bageshwar, in Sessions Trial No. 19 of 2000, whereby said court has convicted accused/ appellant Darban Singh under section 307 IPC, and sentenced him to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 5,000/-. The trial court has further directed that if the fine is not paid by the convict he shall undergo rigorous imprisonment for further period of one year.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 12.04.1996, at about 8:00 p.m., P.W.3 Kundan Singh was in his tea stall situated in village Harsila, when accused Darban Singh came there in a drunken state, and the two started quarreling. Thereafter, accused Darban Singh took out a knife and stabbed Kundan Singh.