DARWAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter, for brevity, referred as Cr.P.C.), is directed against the judgment and order dated 21 -09 -1987, passed by learned Sessions Judge, Chamoli, in Sessions Trial No. 04 of 1987, whereby Appellants Darwan Singh, Karan Singh and Smt. Mangala Devi, were found guilty of offences punishable under Sections 302 and 201 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of them is sentenced to imprisonment for life under Section 302 read with Section 34 I.P.C. and rigorous imprisonment for three years under Section 201 I.P.C.

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

(3.) THE Magistrate on receiving the charge sheet, after giving necessary copies to the accused persons, as required under Section 207 Code of Criminal Procedure, committed the case to the Court of Sessions for trial. Learned Sessions Judge after hearing the prosecution and the defence, framed charge of offences punishable under Sections 302/34 and 201 I.P.C. All the three accused pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Dr. R.C. Nainwal (who conducted autopsy on the dead body), P.W.2 Balwant Singh (A accomplice), P.W.3 Rudri Dutt (village Pradhan), P.W.4 Ganga Singh (one of the Panchas before whom extrajudicial confession is said to have been made), P.W.5 Sangram Singh (who gave report Ext. A -10 that dead body lying in the rivulet), P.W.6 Jagdamba Prasad (a witness of identification of watch belonging to deceased), P.W.7 Sundermani (one of the Panchas before whom extrajudicial confession is said to have been made), P.W.8 Vijay Singh, Supervisory Kanoongo (Revenue Official), P.W.9 Kunwar Singh (witness of the inquest report), P.W.10 Shri N.C. Joshi, Sub -Divisional Magistrate, who conducted identification proceedings of article -watch belonging to the deceased and P.W. 11 Sureshanand Dhondiyal (Investigating Officer). Oral and documentary evidence were put to the accused persons under Section 313 of Code of Criminal Procedure in reply to which they alleged the same to be false. However, no evidence in defence is adduced. The trial court after hearing the parties found all the three accused guilty of offence punishable under Section 302/34 I.P.C. and 201 I.P.C. and sentenced each one of them after hearing on that point to the punishment, as mentioned earlier.