KIRTI SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the appellant assailing the judgment and order dtd. 3/10/2015 passed by Learned Sessions Judge, District Nainital in Sessions Trial No.32 of 2015 (State vs. Kirti Singh), whereby the appellant has been convicted under Sec. 364 of IPC and sentenced to undergo rigorous imprisonment for seven years' R.I. and a fine of Rs.5,000.00 in default of payment of which he was sentenced to undergo one month additional simple imprisonment; under Sec. 302 of IPC, the appellant sentenced to undergo imprisonment for life with fine of Rs.25,000.00 in default of which he shall serve imprisonment of six months' additional imprisonment and under Sec. 201 of IPC, the appellant is sentenced to undergo imprisonment for a period of seven years' with a fine of Rs.5,000.00 in default of which he shall serve imprisonment for a period of one month.

(2.) All the sentences imposed upon the appellant were directed to run concurrently and the period already undergone by the appellant in jail is also directed to be set off with the sentence so imposed.

(3.) The facts of the case in brief are that a written report was filed by Smt. Parwati Devi (PW-2) on 9/11/2014 at around 16:50 hours at police station Kaladhungi, District Nainital to the effect that on 1/11/2014 at 3:00 PM her son named Balam Singh alias Bablu went with Kirti Singh on Kirti Singh's calling stating that there was some work with shopkeeper Heera Singh and he will return in three to four days. The aforesaid Balam Singh worked in the shop of Heera Singh, when Balam Singh did not return to his house after a gap of several days, she along with her son-in-law went to village Riyad; on reaching the house of Kirti Singh his children intimated that there was a scuffle between her son Balam Singh and appellant Kirti. She expressed her apprehension that her son Balam Singh has been killed by the appellant.