(1.) THIS criminal jail appeal, preferred under Section 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 13.6.2006 passed by the Sessions Judge, Uttarkashi in Sessions Trial No. 11 of 2005, State v. Rajendra Prasad, whereby the learned Sessions Judge has convicted the appellant/accused Under Section 328 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to two years ' rigorous imprisonment with fine of Rs. 2,000/ - and in default of payment of fine, three months ' further simple imprisonment was awarded. The appellant -accused was further convicted Under Section 302 IPC and was sentenced to life imprisonment with fine of Rs. 5,000/ - and in default of payment of fine, six months ' further simple imprisonment was awarded.
(2.) WE have heard learned Counsel for the parties and perused the entire material available on record.
(3.) AFTER receiving the charge sheet, learned J.M., Uttarakashi committed the case to the court of Sessions on 12.09.2005 after giving necessary copies to the appellant/accused as provided under Section 207 Cr.P.C.