JAHID S/O SHAUKAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Proce­dure, 1973 (hereinafter to be referred as Cr.P.C.) is directed against the judgment and order dated 25/27.01.1994 passed by Special Judge (Additional Sessions Judge), Nainital in S.T. No. 103/1990, State Vs. Jahid & Shaukat, whereby the learned Special Judge (Addl. Sessions Judge) has convicted the accused/appel­lant Jahid u/s 304 Part II of the Indian Penal Code, 1860 (hereinafter to be re­ferred as the IPC) and sentenced him to undergo rigorous imprisonment for a pe­riod of ten years. However, the co-ac­cused Shaukat was acquitted of the charge levelled against him by the trial court.

(2.) I have heard Mr. J.S. Virk, Advo­cate for the appellant as well as Mr. M.A. Khan, Brief Holder for the State. Perused the entire material available on record.

(3.) ON receipt of charge sheet, learned Chief Judicial Magistrate, Nainital committed the case to the court of Ses­sions on 16.4.1990 after giving necessary copies to the accused/appellant and the co-accused as provided u/s 207 Cr.P.C. It seems from record that the case was transferred to Additional Sessions Judge, Nainital for hearing and disposal accord­ing to law.