RAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 16-04-1998, passed by learned Special Judge/Additional Sessions Judge, Nainital, in Sessions Trial No. 106 of 1997, whereby accused/appellant Rajendra Singh has been convicted under Sections 302 and 323 of Indian Penal Code, 1860 (herein­after referred as I.P.C.), and sentenced to imprisonment for life under Section 302 I.P.C., and rigorous imprisonment for a period of six months under Section 323 I.P.C.

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

(3.) THE Magistrate on receipt of the charge sheet, after giving necessary cop­ies, as required under Section 207 Cr.P.C., appears to have committed the case to the Court of Sessions, for trial. Learned Special Judge/Additional Sessions Judge, to whom the case was transferred, after hearing the parties on 26-05-1997, framed charge of offence punishable un­der Section 302 I.PC. and a separate charge was also framed relating to offence punishable under Section 323 I.P.C. for causing voluntarily hurt to Charan Singh. The accused Rajendra Singh (appellant) denied both the charges and claimed to be tried. On this, prosecution got exam­ined P.W.1 Vikram Singh (informant and eye-witness), PW.2 Charan Singh (injured eye-witness), PW.3 Guman Singh (in whose presence axe was recovered on pointing out of the accused), P.W.4 Padam Singh (witness of inquest report), PW.5 Dr. M.M. Prasad (who recorded the injuries on the person of Charan Singh and prepared injury report), PW.6 Dr. J.K. Goel (who conducted post mortem exami­nation on dead body of Narayan Singh), PW. 7 Head Constable Sohan Singh (who on receiving the First Information Report, prepared check report- Ext. A-7), PW.8 Sub-Inspector S.N. Pande (who investi­gated the crime) and PW. 9 Satya Prakash (who took the blood stained ar­ticles for chemical examination). The oral and documentary evidence was put to the accused under Section 313 Cr. PC. to which the accused alleged the same to be false. As to why the witnesses have given statements against him, he told the court that Narayan Singh had enmity with oth­ers also and they might have killed him. However, no evidence in defence was adduced. The trial court after hearing the parries found the accused Rajendra Singh guilty of charge of offence punishable under Section 302 and 323 I.PC. After hearing on sentence, the trial court sen­tenced the convict to imprisonment for life under Section 302 I.PC. and to rigorous imprisonment for a period of six months under Section 323 I.PC. Aggrieved by said judgment and order dated 16-04-1998, passed by the Special Judge/Addi­tional Sessions Judge, Nainital, in sessions trial No. 106 of 1997, this appeal is filed before Allahabad High Court on 05-06-1998, where it was admitted on 08-06-1998. The appeal is received by this Court under Section 35 of U.P. Re-organisation Act, 2000 (Central Act 29 of 2000), for its disposal.