KISHORI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), is directed against the judgment and order dated 22 -12 -1995, passed by learned IInd Addl. Sessions Judge, Nainital, in Sessions Trial No. 312 of 1994, whereby accused / Appellant Kishori has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life.

(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. committed the case to the court of Sessions, for trial. Learned IInd Addl. Sessions Judge, Nainital, to whom the case was transferred, after hearing the parties, framed charge of offence punishable under Section 302 of I.P.C. on 6 -1 -1995 against the accused Kishori who pleaded not guilty and claimed to be tried. On this prosecution got examined P.W. 1, Nanhe complainant and eyewitness P.W. 2 Ram Kumar, eye -witness, P.W. -3 Rohtash Kumar, brother -in -law of the deceased and eye -witness, P.W. 4 S.I. Devki Nandan, who started investigation, P.W. -5 S.I. Dharampal Singh, who completed the investigation and P.W. -6 Dr. J.K. Goel, who conducted the post mortem examination. The oral and documentary evidence was read over to the accused under Section 313 of Code of Criminal Procedure. by the trial court, in reply to which he admitted that Plaintiff is his brother and deceased is sister -in -law. However as to the rest of the evidence he alleged that the same was false. Lastly accused pleaded that he has been falsely implicated due to enmity with Ram Kumar (P.W. -2). However no evidence in defence was adduced on behalf of the accused/appellant. After hearing the parties, the trial court found that accused/ Appellant Kishori guilty of charge of offence punishable under Section 302 of I.P.C. Thereafter the parties were heard on sentence and the convict (Kishori) was sentenced imprisonment for life. Aggrieved by said judgment and order dated 22 -12 -1995 passed by IInd Addl. Sessions Judge, Nainital in Sessions Trial No. 312/1994, this appeal was filed before Allahabad High Court on 10th of January, 1996, where it was admitted on 12th of January, 1996. The appeal is received by this Court by transfer under Section 35 of U.P. reorganization Act, 2000 (Central Act 29 of 2000) for its disposal.