DIWAN SINGH S/O. KALYAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 23.10.2001, passed by learned Sessions Judge, Udham Singh Nagar, in Sessions trial No. 99 of 2000, whereby the accused / appellants, namely Diwan Singh, Hukum Singh and Smt. Haru Devi are convicted under Section 304B, 201 and 504 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sentenced to imprisonment for life under Section 304B and rigorous imprisonment for a period of two years under Section 201 of I.P.C. and rigorous imprisonment for a period of six months under Section 504 of I.P.C.

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

(3.) THE Chief Judicial Magistrate, on receipt of 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 Sessions Judge, after hearing the parties on 14.09.2000, framed charge of offences punishable under Section 304B, 201 and 504 of I.P.C. against all the three accused / appellants, namely Diwan Singh, Hukum Singh and Haru Devi. All the accused / appellants pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Gopal Singh (brother -in -law of the deceased); P.W. 2 Amar Singh (complainant and father of the deceased); P.W. 3 Gopal Chandra, and P.W. 4 Head Constable Harish Chand (who prepared the check report of the first information report). Formal proof of the rest of the documents was dispensed with by the counsel for defence and the genuineness was admitted, as such, no further oral testimony was recorded. The oral and documentary evidence was put to the accused / appellants under Section 313 of Cr.P.C., in reply to which they alleged the same to be false. However, no evidence in defence was adduced. Accused Hukum Singh has admitted that deceased was his sister -in -law (BHABHI). After hearing the parties, the trial court found all the three accused namely, Diwan Singh, Hukum Singh and Haru Devi guilty of the charge of offences punishable under Section 304B, 201 and 504 of I.P.C. After hearing on sentence, each one of the convicts was sentenced to imprisonment for life under Section 304B, rigorous imprisonment for a period of two years under Section 201 of I.P.C. and rigorous imprisonment for a period of six months under Section 504 of I.P.C. Aggrieved by said judgment and order dated 23.10.2001, passed by the Sessions Judge, Udham Singh Nagar, in Sessions Trials No. 99 of 2000, this appeal is preferred by the convicts.