BALWANT Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C), is directed against the judgment and order dated 17 -02 -1989, passed in Sessions trial No. 16 of 1988, whereby the then learned Sessions Judge, Tehri Garhwal, has convicted both the Appellants Balwant Singh and Narain Singh under Section 302 read with Section 34 and under 498 -A of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced each one of the convicts to imprisonment for life under Section 302/34 and rigorous imprisonment for one year under Section 498 -A of the I.P.C., respectively.

(2.) WE heard learned Counsel for the parties and perused the entire evidence on record.

(3.) THE concerned Magistrate after registering the charge sheet and after providing necessary copies, as required under Section 207 of the Code of Criminal Procedure to the accused persons, committed the case to the court of Sessions for trial. The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of two heads against both the accused/Appellants Balwant Singh and Narain Singh, one for the offence punishable under Section 302 read with Section 34 of the I.P.C. and the other for the offence punishable under Section 498 -A of the I.P.C. Both the accused/Appellants pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1, Bhagwan Singh, informant and brother of the deceased; P.W.2, Dr. J.P. Chamoli, who conducted the autopsy on the dead body and prepared postmortem examination report (Ext. A -2); P.W.3, Vijai Ram Semwal, Patwari, who registered the crime, prepared the check report, took the dead body into possession and prepared the inquest report, sent the dead body for postmortem examination and prepared the site plan; and P.W.4, Tota Singh Aswal, Naib Tehsildar, who completed the investigation and submitted the charge sheet against the accused persons. The oral as well as documentary evidence was put to the accused persons under Section 313 of the Code of Criminal Procedure, in reply to which both the accused alleged evidence to be false. It is stated by the accused/Appellants in reply to the evidence put to them under Section 313 of the Code of Criminal Procedure that Padma Devi committed suicide due to her illness. The trial court, after hearing the arguments of prosecution and that of the defence, found both accused Balwant Singh and Narain Singh guilty of the charge of offence punishable under Section 302 read with Section 34 of the I.P.C. and that of offence punishable under Section 498 -A of the I.P.C, and after hearing both of them on sentence, sentenced each of them to imprisonment for life under Section 302/34 of the I.P.C. and rigorous imprisonment of one year under Section 498 -A of the I.P.C. Aggrieved by said judgment and order dated 17 -02 -1989, both the convicts have preferred this appeal before the Allahabad High Court in the year 1989 from where it has been received by transfer under Section 35 of the U.P. Reorganization Act, 2000, for its disposal.