RAJENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment and order of conviction, dated 12 -8 -1998 and 13 -8 -1998, passed by the then Sessions Judge Pithoragarh, whereby the Appellants were convicted under Section 302/34 of the I.P.C. and sentenced to undergo life imprisonment, while three others namely Smt. Savitri Devi, Sher Singh and Prahlad Singh were acquitted. The said judgment was passed in Session Trial Nos. 4 of 1996 and 34 of 1996, which were consolidated for trial.

(2.) BRIEF facts of the case are that Sundar Singh son of Mohan Singh lodged a written report (Ext. Ka -4) with Patwari Kalukhan stating therein that Smt. Hira Devi, wife of accused Rajendra Singh was done to death on 16 -10 -1995 between 12 noon and 1 p.m. by her husband and his sister Km. Ishwari Devi. The incident was witnessed by Madan Singh and his companion graziers. Check F.I.R. Ext. Ka -5 was prepared by the Patwari concerned and a case was registered under Section 302 I.P.C. against the accused persons.

(3.) SINCE the offences were exclusively triable by the Court of Sessions, the case against the accused persons was committed to the Sessions Judge for trial. The learned Sessions Judge charged the accused -Appellants as well as Savitri Devi and Prahlad Singh under Sections 302/34 of the I.P.C, while accused Sher Singh was charged under Section 302 read with Section 109 IPC to which they pleaded not guilty and claimed to be tried.