DEV SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 29-03-1991 passed by Sessions Judge, Chamoli in Sessions Trial No. 17 of 1989 State of U.P. Vs. Dev Singh & others, whereby the learned Sessions Judge convicted the appellant/accused Dev Singh under section 307 of the Indian Penal Code, 1860 (hereinafter to be re­ferred as I.P.C.) and sentenced him for seven years R.I. However, the appellant/accused was acquitted of the charge of offences punishable u/Ss 148, 307 r/w Sec­tion 149 and 379 I.P.C. and the co-accused-Smt. Bhagirathi Devi, Smt. Shanta Devi, Smt. Nandi Devi, Smt. Khimuli Devi and Diwan Singh were acquitted of charge u/Ss 148, 307 r/w Section 149 and 379 I.P.C. by the trial court.

(2.) I have heard Sri R.R Nautiyal, learned counsel for the appellant/accused and Sri M.A. Khan, learned Brief Holder for the State and perused the entire ma­terial available on the record.

(3.) LEARNED C.J.M. Chamoli commit­ted the case to the Court of Sessions on 22-08-1989 after giving necessary copies to the appellant/accused and the other co-accused persons (acquitted by the trial court) as provided under section 207 Cr.P.C.