FATE SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH these appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as "Cr. P.C."), are directed against the judgment and order dated 6.6.2002, passed by learned Sessions Judge, Chamoli, in Sessions Trial No. 19 of 2001, whereby accused/Appellant Fate Singh has been convicted under Sections 302 and 201 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and accused/Appellant Anasi Devi has been convicted under Section 201, I.P.C. Accused/Appellant Fate Singh has been sentenced to imprisonment for life and directed to pay fine of Rs. 5, 000 under Section 302, I.P.C. He has been further sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5, 000 under Section 201, I.P.C. Accused/ Appellant Anasi Devi has been sentenced to rigorous imprisonment for a period of two years and also directed to pay fine of Rs. 5, 000 under Section 201, I.P.C. In default of payment of fine, the defaulter is required to undergo three months additional imprisonment.

(2.) HEARD learned Counsel for the parties and perused the lower court record.

(3.) THE Chief Judicial Magistrate, Chamoli, on receipt of the charge -sheet, after giving necessary copies to the accused, as required under Section 207 of Code of Criminal Procedure, appears to have committed the case to the Court of Sessions for trial. Learned Sessions Judge, Chamoli, on 4.2.2002, after hearing the parties, framed charge of offence punishable under Section 302 read with Section 34, I.P.C. and one relating to offence punishable under Section 201, I.P.C. against both the accused/Appellants Fate Singh and Smt. Anasi Devi. They pleaded not guilty and claimed to be tried. On this prosecution got examined P.W. 1 Dilbari Lal, complainant and Village Pradhan, in whose presence accused Fate Singh made confession and also the dead body was dug out on pointing out of the accused; P.W. 2 Ranjeet Singh, in whose presence apart from the dead body of Kalyan Singh was dug out, thamali (sickle) used in the crime was also recovered on pointing out of accused/Appellant Fate Singh; P.W. 3 Kasbi Lal, in whose presence inquest report was prepared; P.W. 4 Kripal Singh, in whose presence accused/Appellant Fate Singh confessed having murdered his brother Kalyan Singh and also body of Kalyan Singh was dug out; P.W. 5 Suri Devi, who saw accused/Appellants Fate Singh and Anasi Devi taking injured Kalyan Singh on 7.10.2001; P.W. 6 Maheshi Devi, who also saw accused/Appellants taking injured Kalyan Singh on 7.10.2001; P.W. 7 Bhagat Singh, Patwari, who investigated the crime; and P.W. 8 Dr. R.S. Rawat, who conducted post -mortem examination on the dead body of Kalyan Singh. Oral and documentary evidence was put the accused under Section 313, Code of Criminal Procedure, in reply to which they admitted that Kalyan Singh was brother of accused Fate Singh, and on 7.10.2001 accused/Appellants and the deceased were in their village Kapholi. As to the rest of evidence, they alleged the same to be false. It is pleaded by them that Dilbari Lal (Village Pradhan) did not pay their dues towards their work under Jawahar Rojgar Yojna and falsely implicated in this case. However, no evidence in defence was adduced by them. The trial court, after hearing the parties, found accused/ Appellant Fate Singh guilty of both the charge of offences punishable under Sections 302 and 201, I.P.C. After hearing on sentence, convict Fate Singh was sentenced to imprisonment for life and directed to pay fine of Rs. 5, 000 under Section 302, I.P.C. He has been further sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5, 000 under Section 201, I.P.C. And, convict Anasi Devi has been sentenced to rigorous imprisonment for a period of two years and also directed to pay fine of Rs. 5, 000 under Section 201, I.P.C. In default of payment of fine the defaulter is required to undergo three months additional imprisonment. Aggrieved by said judgment and order dated 6.6.2002, passed by learned Sessions Judge, Chamoli, in Sessions Trial No. 19 of 2001, accused Fate Singh (in jail) has filed this appeal which is numbered as Criminal Appeal No. 188 of 2002. Accused Anasi Devi filed separate appeal, which is numbered as Criminal Appeal No. 147 of 2002.