RAJENDRA KUMAR ALIAS RAJU AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS 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 11-02-1999/12-02-1999, passed by 1st Additional Sessions Judge, Dehradun, in Sessions Trial No. 195 of 1996, whereby accused/appellants Rajendra Kumar alias Raju and Dalip 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 is sentenced to undergo imprisonment for life and also directed to pay fine of Rs. 5.000/-. In default of payment of fine the defaulter is directed to undergo rigorous impris­onment for a further period of six months.

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

(3.) THE Magistrate on receipt of 'he charge sheet after giving necessary cop­ies to the accused as required under Sec­tion 207 of Cr.P.C., appears to have committed the case to the court of Ses­sions for trial. Learned 1st Additional Sessions Judge, Dehradun, after hear­ing the parties, on 27-09-1996, framed charge of offence punishable under Sec­tion 302 read with Section 34 of I.P.C. against three accused, namely, Rajendra Kumar alias Raju, Dalip and Harish. All the three accused pleaded not guilty and claimed to be tried. On this, prosecu­tion got examined P.W.I Narendra Kumar (complainant and eyewitness), P.W.2 Sunil Chand (another eyewit­ness), P.W.3 Dr. A.K. Rastogi (who con­ducted the post mortem examination on the dead body of the deceased), P.W.4 Kishan lal (declared hostile), P.W.5 Pramod Kumar (in whose presence 'SUA' was recovered on the pointing out of accused Rajendra Kumar alias Raju), F.W.6 Smt. Mala Devi (third eyewit­ness), P.W.7 Constable Rajendra Singh Negi (in whose presence inquest report was prepared and who also took the dead body in sealed condition for post mortem examination), P.W.8 Sub In­spector Udai Veer Singh (who started the investigation), P.W.9 Head Consta­ble Sheel Gange (who prepared the check report (Ext.A-13) on the basis of the First Information Report lodged by the complainant), P.W.10 Sub Inspec­tor Rajendra Prasad (who was a Head Constable at Police Station Dalanwala and made necessary entry in the Gen­eral Diary at the Police Station), and P.W.11 Inspector V.K. Sharma (who completed the investigation and submit­ted the charge sheet against the ac­cused). The oral and documentary evi­dence was put to the accused under Section 313 Cr.P.C. in respect of which they alleged the same to be false. How­ever, no evidence in defence was ad­duced on their behalf. The trial court after hearing the parties on 11-02-1999 found the accused/appellants Rajendra Kumar alias Raju and Dalip guilty of charge of offence punishable under Sec­tion 302 read with Section 34 I.P.C. The trial court did not found guilty the third accused Harish and acquitted him from the charge framed against him. After hearing on sentence on 12-02-1999, the trial court sentenced each of the con­victs imprisonment for life and directed to pay fine of Rs. 5, 000/-. In default of payment of which the defaulter convict was directed to undergo further six months rigorous imprisonment. Ag­grieved by said judgment and order dated 11-02-1999/12-02-1999, passed by 1st Additional Sessions Judge, Dehradun, in Sessions Trial No. 195 of 1996, the conyicts, namely, Rajendra Kumar alias Raju and Dalip filed appeal before the Allahabad High Court on 22-02-1999, where it was admitted on 23-02-1999. The appeal is received by this Court by transfer under Section 35 of U.P. Reorganisation Act, 2000 (Central Act 29 of 2000), for its disposal.