TEJPAL SINGH Vs. STATE OF UTTARANCHAL (UTTARAKHAND)

JUDGEMENT

(1.) BOTH these appeals are directed against judgment and order dated 05.02.2003, passed by Sessions Judge, Chamoli, in Sessions Trial No. 6 of 2000, whereby said court has convicted accused/appellants Balbir Singh and Tejpal Singh under section 302 read with section 34 of Indian Penal Code, 1860 (for short IPC), and sentenced each one of them to imprisonment for life, and also directed to pay fine of ` 5,000/- in default of payment of which the defaulter is directed to undergo further imprisonment for a period of six months. The two accused/appellants are further convicted under section 393 I.P.C., and each of them have been sentenced to rigorous imprisonment for a period of seven years and also directed to pay fine of ` 5,000/- in default of payment of which the defaulter is required to undergo further imprisonment for a period of six months.

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

(3.) THE Chief Judicial Magistrate, Chamoli at Gopeshwar, on receipt of the charge sheet (Ex. A34), after giving necessary copies to the accused as required under section 207 Cr.P.C.,have committed the case to the court of sessions for their trial. Learned Sessions Judge, Chamoli on 08.02.2000, after hearing the parties, framed charge of offence punishable under section 302 read with section 34, and one relating to offence punishable under section 393 I.P.C., against the two accused namely Balbir Singh and Tejpal Singh who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Virendra Singh (complainant and eye witness), P.W.2 Ravi (another eye witness), P.W.3 Constable Bachan Singh, P.W.4 Vinod Pyal (who states that he sold the scooter to Balbir Singh), P.W.5 S.I. Vijay Rana (who prepared inquest report), P.W.6 Dr. N.K. Prasad (who conducted post-mortem examination), P.W.7 Atul Kumar Gupta, Sub Divisional Magistrate (who conducted TIP), P.W.8 Inspector B.K. Sharma (who investigated the crime), and P.W.9 S.I. Dharamveer Singh. The oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which they alleged same to be false they pleaded that they have been falsely implicated. However, no evidence in defence was adduced. The trial court, after hearing the parties, found the two accused guilty of charge of offence punishable under section 302/34 IPC, and 393 IPC. After hearing on sentence, each one of the convicts is sentenced to imprisonment for life and directed to pay fine of ` 5,000/- under section 302 IPC. The two convicts were further sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of ` 5,000/- under section 393IPC. Aggrieved by said judgment and order dated 05.02.2003, in Sessions Trial No. 6 of 2000, these two appeals are filed by the convicts separately which are taken up and heard together.