STATE Vs. RAMU RAM S/O. PREM RAM,

JUDGEMENT

(1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 15.12.1994, passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 43 of 1991, whereby accused / respondents, namely, Ramu Ram, Pankaj Kumar, Manoj Kumar and Bhupendra Singh, are acquitted of the charge of offences punishable under Section 302 read with Section 34, and one punishable under Section 201 of Indian Penal Code, 1860 (hereinafter referred as 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, appears to have committed the case to the court of sessions for trial, after giving necessary copies of the documents to the accused, as required under Section 207 of Cr.P.C.. The learned Sessions Judge, Pithoragarh, on 10.12.1991, after hearing the parties, framed charge of offences punishable under Section 302 read with Section 34 I.P.C. against accused / respondents Ramu Ram, Pankaj Kumar, Manoj Kumar and Bhupendra Singh. A separate additional charge was framed against Ramu Ram and Manoj Kumar, relating to offence punishable under Section 201 I.P.C.. All the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 -Prem Singh, eyewitness; P.W.2 -Satish Chandra, complainant; P.W.3 -Shyam Singh, declared hostile; P.W.4 - Umesh Chandra, Tehsildar, who recorded third Dying Declaration; P.W.5 -Bupendra Singh, witness of recovery of Truck; P.W.6 -Dr. P.S. Quarbi, who conducted postmortem examination; P.W.7 -Dr. Harish Chandra Pathak, who recorded injuries on the person of Trilok Chandra Kalpasi on 01.07.1991 at the time of his admission in the Hospital; P.W.8 -Gangadutt Pandey, Supervisory Kanoongo, who investigated the crime; P.W.9 -Dr. Yashpal Singh Rawat, who recorded first Dying Declaration; P.W.10 -Mohd. Mubin Khan, Tehsildar, who recorded second Dying Declaration; P.W.11 -Urba Dutt, witness of inquest report; and P.W.12 -Constable Mohan Lal, another witness of inquest report. All the oral and documentary evidence was put to the accused who alleged the evidence adduced by prosecution as false and stated that they were falsely implicated due to enmity. However, no evidence in defence was adduced on behalf of accused except the documentary evidence, which was Ext.B -1 and Ext.B -2 i.e. Dying Declaration made to the Medical Officer, and Bed Head Ticket. After hearing the parties, the trial court found that prosecution has failed to prove charge of offences punishable under Section 302 read with Section 34 and 201 I.P.C., beyond reasonable doubt, against any of the accused / respondents. Consequently, they were acquitted. Aggrieved by said judgment and order dated 15.12.1994, passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 43 of 1991, this appeal was filed by State, before Allahabad High Court on 15.03.1995, where leave was granted on 27.09.1999. The appeal was received to this Court under Section 35 of U.P. Reorganization Act, 2000 (Central Act 29 of 2000) for its disposal.