PUSHKAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal 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 18.10.1996 passed by IIIrd Additional Sessions Judge, Nainital in S.T. No. 48 of 1995 State Vs. Mahesh Chandra & another and S.T. No. 231 of 1995 State Vs. Pushkar Singh by which the appellant -accused Pushkar Singh @ Pappu was convicted under Section 307 of the Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and was sentenced to rigorous imprisonment for a period of five years and a fine of Rs. 2,000/ -. In default of payment of fine, simple imprisonment for a period of six months was further awarded. However, the co -accused persons, namely, Mahesh Chandra and Lachua @ Laxmi Dutt were acquitted of the charge levelled against them by the trial court.

(2.) THE case of the prosecution is that on 17.3.1994 at about 12 O'clock in the daytime. Pushkar Singh (the appellant herein) alongwith Mahesh Chandra and Lachua (co -accused) caused injuries to Ghananand Pandey. The First Information Report of the said incident was lodged by the brother of the injured, namely, Indramani Pandey on the same day at P.S. Kaladhungi, Nainital. After the investigation, the charge sheet was filed against the appellant -accused and the co -accused (acquitted by the trial court) under section 307/326 IPC. Thereafter on 30.1.1995 the case was committed to the court of Sessions and charge u/s 307 IPC was framed against the appellant -accused.

(3.) AFTER appreciating the entire evidence available on record and hearing learned counsel for the parties, learned IIIrd Addl. Sessions Judge, Nainital vide his judgment and order dated 18.10.1996 convicted and sentenced the appellant -accused as stated above. However, the trial court acquitted the two co -accused after giving benefit of doubt. Being aggrieved with the said judgment and order, the appellant preferred the present appeal before this Court.