BALKAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr.P.C.), is directed against the judgment and order dated 14-8-1985, passed in Sessions Trial No. 119 of 1983, whereby the then learned 1st Additional Sessions Judge, Nainital, convicted appellant Balkar Singh under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), for commission of murder of Ajeet Singh, resident of village Rampur- Balbhadra and Bhajan Singh, R/o village, Basai, and sentenced him to imprisonment for life. He is further convicted under Section 307 of I.P.C., for attempting to commit murder of Roop Singh, R/o Rampur-Balbhadra, and sentenced to imprisonment for ten years on that count.

(2.) WE heard learned Counsel for the appellant and learned Additional Government Advocate/Public Prosecutor and perused the entire record.

(3.) THE Chief Judicial Magistrate, on receipt of the charge-sheet, after providing the necessary copies to the accused-persons, as required under Section 207 of Cr.P.C., committed the case to the Court of Sessions, for trial. Learned Sessions Judge, after hearing the prosecution and defence, framed charge of the offence punishable under Section 302 I.P.C. on 19-08-1983 against accused Balkar Singh and separately framed charge against him that of offence punishable under Section 307 I.P.C. Accused-appellant Balkar Singh, pleaded not guilty and claimed to be tried of the charges framed against him. Prosecution got examined P.W. 1 Harbhajan Singh, informant and eye-witness, P.W. 2 Roop Singh, injured and eye-witness, P.W. 3 Jeet Singh, another eye-witness, P.W. 5 Dr. S.P. Gupta, who examined the injuries of Roop Singh (injured), P.W. 6 Anand Swaroop Sharma, Sub-Inspector who prepared inquest report (Ext. A-3) of the dead-body of Ajeet Singh, police form No.33, sketch of the dead-body of Ajeet Singh, letter to the Chief Medical Officer for post-mortem examination (Ext. A-7 and Ext. A-8), prepared memo (Ext. A-9) of recovered turban (Ext. 1) of injured Roop Singh, recovered blanket and turban (Ext. 2 and Ext. 3) of deceased Ajeet Singh and its memo (Ext. A-10), recovered money received from the person of said deceased (Ext. 4 to Ext. 7) took possession of waddles (Ext 8 to Ext. 11) and prepared its memo (Ext. A-11), took simple and blood stained soil (Ext. 12 and Ext. 13) from the place where Bhajan Singh was lying, prepared its memo (Ext. A-12), took simple and blood stained soil (Ext. 14 and Ext. 15) from the place where the tractor was standing and prepared memo (Ext. A-13), took handle of the tractor and sack of wheat flour and prepared memo (Ext. A- 14), took dead-body of Bhajan Singh into his possession in the hospital, and prepared inquest report (Ext. A-15) of his dead- body, police form No. 13, sketch of the dead-body of Bhajan Singh (Ext. A-17), letter to the Chief Medical Officer, for post-mortem examination (Ext. A-16 and Ext. A-18), P.W. 8 Devendra Kumar Thapliyal, Inspector Incharge of the police station Kashipur, who prepared site Plan (Ext. A-21) and submitted charge-sheet (Ext. A-24) and P.W. 9 Dr. R.P. Rastogi, who conducted autopsy on the dead bodies of deceased Bhajan Singh and deceased Ajeet Singh and prepared post-mortem examination reports (Ext. A-25 and Ext. A- 26). Apart from this, affidavit of P.W. 4, Constable Sunder Lal, who took the dead-body of Ajeet Singh in a sealed condition for post-mortem examination, and affidavit of P.W. 7 Constable Trilok Chand Joshi, who took the dead-body of deceased Bhajan Singh for post-mortem examination, were filed in support of prosecution. The oral as well as documentary evidence was put to the accused- person under Section 313 of Cr.P.C. by the trial Court in reply to which he alleged the evidence to be false and claimed that he has been falsely implicated due to enmity. In defence, though no witness was got examined, but documentary evidence dying declaration/statement of Roop Singh and endorsement thereon (Ext. B-1 and B-2), report of Medical Officer thereon (Ext.-B) and copy of judgment dated 7-2-1980 of earlier litigation (Ext. B-4), were relied upon. After hearing the prosecution and the defence, accused Balkar Singh is found guilty of the charges framed against him by the trial Court and after hearing both the sides on sentence, sentenced the accused under Section 302 I.P.C. to imprisonment for life and under Section 307 I.P.C. to rigorous imprisonment for ten years. Aggrieved by judgment and order of the trial Court, convict preferred appeal before Allahabad High Court. The appeal is received by transfer to this Court under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.