LAXMAN SINGH BISHT AND OTHERS 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 23.2.1995, passed by learned Sessions Judge, Pithoragarh, in Sessions trial No. 31 of 1991, whereby all the nine accused / appellants, namely Laxman Singh Bisht, Yadav Prasad, Hemraj, Puran Chandra, Jaman Singh Bisht, Dan Singh, Surjan Singh, Shyam Singh and Karan Bahadur are convicted under section 302 read with section 149 and under section 307 read with section 149 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Accused/appellants Yadav Prasad and Laxman Singh Bisht are also convicted under section 148 of I.P.C. Accused/appellants Hemraj, Puran Chandra, Jaman Singh Bisht, Dan Singh, Surjan Singh, Shyam Singh and Karan Bahadur are convicted under section 147 of I.P.C. Each of the convicts has been sentenced to imprisonment for life (under section 302/149 of I.P.C.; rigorous imprisonment for a period of five years and also directed to pay fine of Rs. 5,000/- (under section 307/149 of I.P.C.). Each of the accused/appellants Yadav Prasad and Laxman Singh Bisht are sentenced to rigorous imprisonment for a period of three years and also directed to pay fine of Rs. 5,000/- (under section 148 of I.P.C.). Each of the accused/appellants namely, Hemraj, Puran Chandra, Jaman Singh Bisht, Dan Singh, Surjan Singh, Shyam Singh and Karan Bahadur is also sentenced to undergo rigorous imprisonment for a period of two years and also directed to pay fine of Rs. 5,000/- (under section 147 of I.P.C.). All the sentences were directed to run concurrently.

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

(3.) THE Magistrate, on receipt of 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, Pithoragarh, after hearing the parties on 5.2.1992, framed charge of offences punishable under section 302 read with section 149 and under section 307 read with section 149 of I.P.C. against all the nine accused/appellants, namely Laxman Singh Bisht, Yadav Prasad, Hemraj, Puran Chandra, Jaman Singh Bisht, Dan Singh, Surjan Singh, Shyam Singh and Karan Bahadur. A separate charge was framed in respect of offence punishable under section 148 of I.P.C. against the accused/appellants Laxman Singh Bisht and Yadav Prasad. Another separate charge was framed against the remaining seven accused/appellants namely, Hemraj, Puran Chandra, Jaman Singh Bisht, Dan Singh, Surjan Singh, Shyam Singh and Karan Bahadur, in respect of offence punishable under section 147 of I.P.C. All the accused/appellants pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Bhawani lal (eyewitness); P.W. 2 Basant lal Verma (eyewitness); P.W. 3 Govind Ram (eye-witness); P.W. 4 Pooran Singh Rawat (informant); P.W. 5 Inder lal Verma (eye-witness); P.W. 6 Dr. R.P. Bhatt (who conducted the postmortem examination and prepared the autopsy report); P.W. 7 Sub Inspector Pradeep Kumar Dobhal (who prepared the inquest report) and P.W. 8 In-charge Inspector Prem Pal Singh (who investigated the crime). 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, they only admitted that they were students of the degree college and used to live in the hostel.