SURESH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 21 -11 -1997 passed by learned Additional Sessions Judge, Haridwar in Sessions Trial No. 54 of 1990, whereby Appellant No. 1 Suresh has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and Appellant No. 2 Sukhbir has been convicted under Section 302 read with Section 34 of I.P.C. Each of the convict has been sentenced to undergo imprisonment for life.

(2.) HEARD learned Counsel for the parties.

(3.) THE Magistrate on receipt of the charge sheet, after giving necessary copies to the accused as required under Section 207 of Code of Criminal Procedure committed the case to the Court of Sessions for trial. The learned Additional Sessions Judge, to whom the case was transferred for trial, after hearing the prosecution and the defence, on 6 -1 -1992 framed charge of offence punishable under Section 302 of I.P.C. against accused Suresh and that of one punishable under Section 302 read with Section 34 of I.P.C. against accused Sukhbir. Both the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Nirmal Singh, brother of the deceased, who alleged to have seen the incident, P.W. 2 Nepal Singh, relative and eye witness, P.W.3 Meghraj Singh, informant and father of the deceased, P.W.4 Constable Alamgir Khan, who took the dead body for postmortem examination, P.W. 5 Sub Inspector Y.K. Sharma, who prepared the inquest report and other necessary papers, P.W. 6 Dr. H.K. Pholoria, who conducted the postmortem examination, P.W.7 Head Constable Madan Pal Singh, who prepared the check report (Ext. A -9) and P.W. 8 Station Officer Jagdev Singh, who investigated the crime. The oral and documentary evidence was put to the accused Suresh and Sukhbir under Section 313 of Code of Criminal Procedure who alleged the same to be false. In reply to the queries relating to the prosecution evidence, they alleged that they have been falsely implicated due to enmity. Both the accused are real brothers. No evidence in defence was adduced. The trial court after hearing the parties found both the accused guilty of the charge framed against them and convicted and sentenced them as mentioned above. Aggrieved by said judgment and order dated 21 -11 -1997, this appeal was preferred before Allahabad High Court in the year 1997, from where it has been received by transfer under Section 35 of U.P. Reorganization Act 2000 for its disposal.