RAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), are directed against the judgment and order dated 28 -02 -2004, passed by learned Sessions Judge, Rudraprayag, in Sessions Trial No. 28 of 2003, whereby the accused/Appellants Ram Singh and Raj Kumar Kathaith are convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of the convicts/Appellants is sentenced to imprisonment for life.

(2.) HEARD learned Counsel for the parties and perused the lower court record.

(3.) THE Judicial Magistrate, on receipt of charge sheet, after giving necessary copies to the accused as required under Section 207 Code of Criminal Procedure committed case to the court of Sessions for trial. Learned Sessions Judge, Rudraprayag, on 29 -11 -2003, after hearing the parties, framed charge of offence punishable under Section 302 read with Section 34 I.P.C. against two accused Raj Kumar Kathaith alias Vikram Singh Kathaith and Ram Singh, for commission of murder of Shanti Devi, Gainu Lal and Naurti Devi, to which the two pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Chandra Bahadur (complainant), P.W.2 Miranu Lal (before whom extrajudicial confession is made by accused Raj Kumar), P.W. 3 Puran Lal (son of the deceased Gainu Lal and Naurti Devi), P.W.4 Kamla (who identified the glasses of Raj Kumar and has thrown light on the motive of commission of crime and has stated that she saw Raj Kumar in a nervous condition soon after the incident), P.W.5 Chaitu Lal, (witness of inquest report and that of the recovery of goggles), P.W.6 Bhagat Singh (witness of inquest report), P.W.7 Mahipal Singh Negi (who started the investigation), P.W.8 C.P. Bijalwan (who recorded the confessional statement of the accused Raj Kumar Kathaith), P.W.9 Rishi Pal Singh (who completed the investigation) and P.W.10 Dr. Uttam Singh Mehta (who conducted post mortem examination on the dead bodies of the three deceased). The oral and documentary evidence was put to the accused under Section 313 Code of Criminal Procedure to which they alleged to be false. However, no evidence in defence is given by the accused. After hearing the parties, learned trial court found both the accused guilty of offence punishable under Section 302 read with Section 34 I.P.C. for commission of murder of Shanti Devi, Gainu Lal and Naurti Devi. After hearing on sentence, the trial court sentenced each of the convicts to imprisonment for life under Section 302 read with Section 34 I.P.C. Aggrieved by said judgment and order dated 28 -02 -2004, criminal appeal No. 97 of 2004, is filed by Ram Singh and criminal appeal No. 130 of 2004, is got sent from jail by accused/Appellant Raj Kumar Kathaith.