DEWAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 5.3.1991, passed by II Ird Additional Sessions Judge, Nainital, in Sessions Trial No. 156 of 1990, whereby Appellant Dewan Singh, has been convicted under Section 302 and under Section 307 of Indian Penal Code, 1860 (for brevity hereinafter referred as I.P.C.) and sentenced to undergo imprisonment for life (under Section 302, I.P.C.) and rigorous imprisonment for a period of 7 years (under Section 307, I.P.C.).

(2.) HEARD Shri Pankaj Purohit, learned Amicus Curiae, for the Appellant and Shri Amit Bhatt, learned Additional Government Advocate, for the State.

(3.) THE Magistrate, on receipt of charge -sheet, after giving necessary copies, as required under Section 207, Cr. P.C. to the accused, committed the case to the Court of Sessions for trial. Learned Sessions Judge appears to have transferred the case initially to the Court of I Vth Additional Sessions Judge, Nainital (earlier Rudrapur was part of District Nainital), who after hearing the parties, framed charge on 23.7.1990 of offence punishable under Section 302, I.P.C. and that of offence punishable under Section 307, I.P.C. against accused Dewan Singh, who pleaded not guilty and claimed to be tried. On this, the prosecution got examined P.W. 1 Pratap Singh (complainant eye -witness), P.W. 2, Pan Singh (injured eye -witness), P.W. 3, Dr. A.S. Sawn (who conducted autopsy on the dead body of Bir Singh), P.W. 4, Dr. P. S. Bisht (who recorded the injuries found on the person of Pan Singh), and P.W. 5 Vinod Kumar (the Investigating Officer). The oral and documentary evidence was put to the accused under Section 313 of Cr. P.C., to which though the accused admitted having witnessed movie in the house of Kishan Singh but denied rest of the evidence adduced against him. Lastly, he pleaded that he had been falsely implicated due to enmity. In the defence, D.W. 1 Kishan Singh was got examined. After hearing the parties, the trial court found Dewan Singh guilty of offence of committing murder of Bir Singh and that of attempting to commit murder of Pan Singh, punishable under Sections 302, I.P.C. and 307, I.P.C., respectively. Thereafter, the trial court heard on sentence and sentenced Dewan Singh to imprisonment for life under Section 302, I.P.C. and rigorous imprisonment for period of 7 years under Section 307, I.P.C. Aggrieved by said judgment and order dated 5.3.1991, passed by the trial court (II Ird Additional Sessions Judge, Nainital), this appeal was filed before Allahabad High Court on 19.3.1991, where it was admitted. The appeal is received by this Court under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.