LAWS(UTN)-2009-6-21

SHAMBHU S/O. SHRI MANI RAM Vs. STATE

Decided On June 23, 2009
Shambhu S/o. Shri Mani Ram Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 04.02.1995 / 06.02.1995, passed by learned III Additional Sessions Judge, Nainital, in Sessions Trial No. 51 of 1991, whereby accused / appellant Shambhu was convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life.

(2.) HEARD Sri Abdul Wahid, learned Amicus Curiae for the appellant and Sri H.C. Pujari, learned Additional Government Advocate for the State.

(3.) THE Magistrate, on receipt of the charge sheet, appears to have committed the case to the court of sessions for trial, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C.. Learned Sessions Judge, Nainital, on 10.09.1991, after hearing the parties framed charge of offence punishable under Section 302 I.P.C. against accused Shambhu, who pleaded not guilty and claimed to be tried. Thereafter, case was transferred to III Additional Sessions Judge, who recorded evidence of P.W.1 Joga Singh, complainant; P.W.2 Bela, eyewitness; P.W.3 Motia Devi, another eyewitness; P.W.4 Beeru, in whose presence recovery memo of GANDASA was prepared; P.W.5 Kundan Singh, in whose presence blood stained and simple soil was taken and recovery memo (Ext.A -3) was prepared; P.W.6 Dr. A.N. Saxena, who was one of the members of the team conducted postmortem examination on the dead body of the deceased; P.W.7 Dr. K.K. Joshi of Primary Health Center, Lal Kuan, who recorded the injuries on the person of accused Shambhu, which were received at the time of incident, after he was over powered; P.W.8 C.K. Mishra, the Investigating Officer, who completed the investigation; and P.W.9 Shiv Singh Gussain, who started the investigation. Oral and documentary evidence was put the accused under Section 313 Cr.P.C., in reply to which he admitted that deceased (Tulsi Devi) was his wife. However, he stated that he belongs to Bahedi and have been falsely implicated in the crime. But, no evidence in defence was adduced. After hearing the parties, the trial court found accused / appellant Shambhu guilty of charge of offence punishable under Section 302 I.P.C. on 04.02.1995. The convict was heard on sentence on 06.02.1995 and sentenced to imprisonment for life. Aggrieved by said judgment and order dated 04.02.1995 / 06.02.1995, passed by III Additional Sessions Judge, in Sessions Trial No. 51 of 1991, this appeal was filed before Allahabad High Court on 04.04.1995, where it was admitted on 05.04.1995. The appeal is received by this Court under Section 35 of U.P. Reorganization Act, 2000 (Central Act No. 29 of 2000), for its disposal. Notices were issued to the appellant after the record was received by this Court but no -one turned up. Therefore, Sri Abdul Wahid, Advocate, was appointed Amicus Curiae to assist the Court on behalf of the appellant.