SHANKAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 read with Section 389 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), is directed against the judgment and order dated 26 -07 -2006, passed by Sessions Judge, Champawat, in Sessions Trial No. 12 of 2004, whereby accused/Appellants, Shankar Singh, has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to undergo imprisonment for life and directed to pay fine of Rs. 10,000/ -, in default of payment of which further one year's imprisonment was directed to be served out. The trial court further convicted the accused Shankar Singh (Appellant) under Section 506(II) I.P.C. and sentenced him to undergo imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ -. In default of payment of fine of Rs. 1000/ - the convict is ordered to undergo rigorous imprisonment for further period of one month.

(2.) WE heard learned Counsel for the Appellant and learned Additional Government Advocate for the State.

(3.) THE Magistrate on receipt of the charge sheet registered it and after giving necessary copies as required under Section 207 Code of Criminal Procedure to the accused, committed the case to the court of Sessions for trial. Learned Sessions Judge, after hearing the parties framed charge of offence punishable under Sections 302 and 506 (II) I.P.C. on 04 -08 -2004. Accused Shankar Singh pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Bishan Singh, complainant, P.W.2 Saruli Devi, an eyewitness, P.W.3 Kalyan Singh, another eyewitness, P.W.4 Dr. K.S. Mehta, who conducted postmortem examination on the dead body of Kailash Singh and prepared report (Ext.A -9), P.W.5 Ramesh Singh, witness of inquest report and P.W.6 Bahadur Singh Mehta. The oral and documentary evidence was put to accused under Section 313 Code of Criminal Procedure in respect of which he alleged the same to be false. However, no evidence in defence was adduced on behalf of the accused/Appellant Shankar Singh. After hearing the parties, learned Sessions Judge found the accused Shankar Singh guilty of offence punishable under Sections 302 and 506(II) of I.P.C. He was heard on sentence and thereafter sentenced to rigorous imprisonment for life and directed to pay fine of Rs. 10,000/ - under Section 302 I.P.C. and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ - under Section 506(H) I.P.C. Aggrieved by said judgment and order dated 26 -07 -2006, passed by learned Sessions Judge, Champawat, in Sessions Trial No. 12 of 2004 this appeal is filed by the convict Shankar Singh. After admitting the appeal lower court record was summoned by this Court.