LECHU SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 10.05.1995, passed by learned Sessions Judge, Tehri Garhwal, in Sessions trial No. 14 of 1992, whereby the accused/appellant Lechu Singh has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life. He is further convicted under Section 27 of the Arms Act, 1959, and sentenced to rigorous imprisonment for a period of one year on that count.

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

(3.) THE Chief Judicial Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions, for trial. Learned Sessions Judge, Tehri Garhwal, after hearing the parties, on 12.08.1992 framed charge of offence punishable under Section 302 of I.P.C., and one punishable under Section 27 of the Arms Act, 1959, against the accused/appellant Lechu Singh. The accused pleaded not guilty and claimed to be tried. On this, the prosecution got examined P.W. 1 Bachan Singh (complainant and brother of the deceased); P.W. 2 Sauna Devi (eyewitness and widow of the deceased); P.W. 3 Juppi (an eyewitness and minor daughter of the deceased); P.W. 4 Daleb Singh (neighbour of the deceased who reached at the spot on alarm being raised by wife of the deceased); P.W. 5 Dr. Shishir Kumar (who conducted postmortem examination on the dead body of deceased Gyan Singh); P.W. 6 Sub Inspector Ashok Kumar Tyagi (who investigated the crime) and P.W. 7 Ramashraya Pandey (Assistant Director, Forensic Laboratory, Agra). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he alleged the same to be false. However, no evidence in defence was adduced on behalf of the accused. The trial court, after hearing the parties, found accused Lechu Singh guilty of charge of offence punishable under Section 302 of I.P.C., and one punishable under Section 27 of the Arms Act, 1959. After hearing the parties, the convict (present appellant) was sentenced to imprisonment for life under Section 302 of I.P.C., and further sentenced to undergo rigorous imprisonment for period of one year under Section 27 of the Arms Act, 1959. Aggrieved by said judgment and order dated 10.05.1995, passed by Sessions Judge, Tehri Garhwal, in Sessions Trial No. 14 of 1992, this appeal was filed by the convict before the Allahabad High Court on 21.06.1995, where it was admitted on 22.06.1995. The appeal is received by this Court under Section 35 of the U.P. Re -organization Act, 2000 (Central Act No. 29 of 2000) for its disposal.