KUNDAN SINGH & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal Appeal No.151 of 2012 is instituted against the judgment and order dated 10.05.2012, rendered by learned Sessions Judge, Champawat in Sessions Trial No.03 of 2011, whereby the appellantsaccused, were charged with and tried for the offences under Section 302 of IPC. Appellants- Kundan Singh and Amrik Singh have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of IPC and to pay a fine of Rs.10,000/- (each) and in default of payment of fine to undergo simple imprisonment for a period of one year.

(2.) Accused-Amrik Singh had already filed an independent Criminal Appeal No.154 of 2012 against the judgment and order dated 10.05.2012, rendered by learned Sessions Judge, Champawat in Sessions Trial No.03 of 2011. This appeal is not maintainable in view of earlier Criminal Appeal No.151 of 2012 filed by him with appellant-accused Kundan Singh bearing.

(3.) The case of the prosecution, in a nutshell, is that PW1 Santosh Singh lodged a report on 16.11.2010 to the effect that on 15.11.2010, his aunt was cooking food in her house. His uncle Laxman Singh was lying on the cot. His brother-in-law Kundan Singh along with one Amrik Singh, who was the driver in Roadways, came to their house. One day before also these persons have come to his house. They have brought fish and liquor. They told his aunt to prepare the meals. His aunt told them that they have already taken their meals. He and his mother went to the house of his aunt. Thereafter, at the instance of his brother-in-law, his aunt prepared the food for his brother-in-law. He and his mother came back to their house. His aunt after cooking the food came to their house. Kundan Singh was forcing her to stay back. In the morning, his aunt went to her house. The door was locked from inside. She called him. He pushed the door and saw that his uncle was lying dead with injuries on his head. Portion of thatched roof was uprooted. The accused made their escape from the hole. The FIR was registered. PW12 Dr. Vibhuti Bhushan conducted the postmortem examination. According to postmortem report, the deceased died to ante mortem head injuries leading to hemorrhage and further leading to coma. The matter was investigated and the challan was put up against the accused after completing all the codal formalities. The prosecution has examined as many as twelve witnesses in its support. The statements of the accused were recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. The appellantsaccused were convicted and sentenced, as noticed hereinabove. Hence, the present appeals.