KIKKAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), is directed against the judgment and order dated April 21, 1984, passed in Sessions trial No. 94 of 1983, by the then learned Additional Sessions Judge/Special Judge, Nainital, whereby Appellants Kikkar Singh and Khushal Singh have been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of them has been sentenced to imprisonment for life, and the third Appellant Girdhari has been convicted under Section 302 read with Section 34 of the I.P.C. and is also sentenced to imprisonment for life.

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

(3.) THE Magistrate concerned after receiving the charge sheet registered the same and after providing necessary copies of the papers to the accused persons, as required under Section 207 of the Code of Criminal Procedure, committed the case to the court of Sessions for trial. The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 of the I.P.C. against accused/Appellants Kikkar Singh and Khushal Singh, and one that of under Section 302 read with Section 34 of the I.P.C. against the accused/Appellant Girdhari. All the three accused pleaded not guilty and claimed to be tried. On this, the prosecution got examined P.W.1, Jalla Singh, informant, eye witness and father of the deceased; P.W.2, Dr. S. Tandon, who conducted the autopsy on the dead body and prepared postmortem examination report (Ext. A -2); P.W.3, Kakka Singh, an eye witness; P.W.4, Karam Singh, another eye witness; P.W. 5, Bakhtawar Singh, yet another eye witness; P.W.6, Head Constable Hari Nandan, who prepared the check report of the F.I.R.; P.W.7, Constable Dharam Pal, who had taken the dead body for postmortem examination and P.W. 8, Sub Inspector B.K. Juyal, the Investigating Officer. 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 all the accused persons alleged that they have been falsely implicated in the case due to enmity. No evidence in defence was adduced by the accused persons. The trial court, after hearing the arguments of prosecution and that of the defence, found all the three accused guilty of the charge framed against them and convicted accused/Appellants Kikkar Singh and Khushal Singh on the charge of offence punishable under Section 302 of I.P.C., and accused/Appellant Girdhari on the charge of offence punishable under Section 302 read with Section 34 of the I.P.C., and after hearing them on sentence, sentenced each of them to imprisonment for life. Aggrieved by said judgment and order dated 21 -04 -1984, passed by the trial court, the convicts have preferred this appeal before the Allahabad High Court in the year 1984 from where it has been received by transfer to this Court under Section 35 of the U.P. Re -organization Act, 2000, for its disposal.