DALBIR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), is directed against the judgment and order dated 24 -01 -1995 / 25 -01 -1995, passed by IV Additional Sessions Judge, Nainital, in Sessions Trial No. 317 of 1991, whereby accused / Appellants Dalbir Singh and Jagir Singh have been convicted under Sections 302 and 376 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts has been sentenced to imprisonment for life and further directed to pay fine of Rs. 1,000/ -, under Section 302 I.P.C, and rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 1,000/ -, under Section 376 I.P.C.

(2.) HEARD Learned Counsel for the parties and perused the Lower Court Record.

(3.) THE Magistrate, on receipt of the Charge Sheet, after giving necessary copies to the accused, as required under Section 207 of Code of Criminal Procedure. appears to have committed the case to the court of Sessions, for trial. Learned IV Additional Sessions Judge, Nainital, to whom the case was transferred, after hearing, the parties, framed charge of offences punishable under Sections 376 and 302 I.P.C. on 06 -05 -1992, against accused Jagir Singh and Dalbir Singh. Both the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Lal Singh, complainant and father of the deceased; P.W. 2 Nihal Singh, who along with complainant saw accused attempting to conceal the dead body of Depo Bai; P.W. 3 Dr. E.U. Siddiqi, who conducted post mortem examination on the dead body of Depo Bai; P.W. 4 Constable Sukh Lal, who filed his affidavit that he took the dead body in a sealed condition for post mortem examination; P.W. 5 Bhagvan Singh, in whose presence Inquest Report (Ext.A -3) was prepared by the Police; P.W. 6 Gurdev Singh, minor son of complainant with whom victim Depo Bai had gone to the field, and later at about 2.30 P.M. saw with other witnesses that accused attempting to conceal dead body of the deceased in the field; P.W. 7 Sub Inspector Ram Baran Ram, who started the investigation; and P.W. 8 Sub Inspector Ved Prakash, who completed the investigation. Oral and documentary evidence was put to both the accused, under Section 313 Code of Criminal Procedure. in reply to which they alleged the same to be false. Accused Dalbir Singh and Jagir Singh alleged that they have been falsely implicated due to enmity. However, no evidence in defence was adduced by them. The trial court after hearing the parties found both the accused Dalbir Singh and Jagir Singh guilty of charge of offences punishable under Section 302 and. 376 I.P.C. and sentenced each one of them to imprisonment for life and directed to pay fine of Rs. l,000/ - (under Section 302 I.P.C.) and rigorous imprisonment for a period of ten years and further directed to pay fine of Rs. 1,000/ - (under Section 376 I.P.C). Aggrieved by said judgment and order dated 24 -01 -1995 / 25 -1 -1995, passed by learned IV Additional Sessions Judge, Nainital, in Sessions Trial No. 317 of 1991, this appeal was filed before Allahabad High Court on 10 -02 -1995, where it was admitted on 13 -02 -1995. The appeal is received by this Court under Section 35 of U.P. Recognization Act, 2000 (Central Act 29 of 2000) for its disposal.