BHAGWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal has been filed by the appellant challenging the judgment and order dated 26.06.2013 passed by the Sessions Judge, Pithoragarh in Sessions Trial No.23 of 2012 "State Vs. Bhagwan Singh", whereby the accused/appellant has been convicted under Section 302 of IPC and has been sentenced for rigorous imprisonment for life with a fine of Rs.50,000/- (Rupees Fifty Thousand Only), and in case of default in payment of fine, he shall undergo six months additional simple imprisonment.

(2.) The appellant is presently in jail. As the appellant was not able to engage a counsel to defend himself, the trial court under the provisions of Section 304 of the Code of Criminal Procedure (from hereinafter referred to as "CrPC") provided a defence counsel to the accused, who was a practicing Advocate in the District Court at Pithoragarh. The appellant is being represented by an Amicus Curiae before this Court Sri Kailash Chandra Tiwari.

(3.) At the time when we were hearing this appeal against conviction, an aspect has been raised before us by the Amicus Curiae, which we propose to deal first with before we proceed any further in the matter.