SHIV RAM ALIAS SHIV RAJ RAM Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 08.09.2003 passed by Sessions Judge, Champawat in Sessions Trial No.24 of 2002, whereby said court has convicted the accused/appellants Shiv Ram @ Shiv Raj Ram and Naresh Ram under Section 302/34 and under Section 307/34 of Indian Penal Code, 1860 (for short I.P.C.) and sentenced each one of them to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for a period of seven years and directed to pay fine of Rs.10,000/- under Section 307/34 I.P.C. Accused/appellant Naresh Ram has been further convicted under Section 25 of Arms Act and sentenced rigorous imprisonment for a period of three years.

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

(3.) THE Magistrate on receipt of the chargesheets appears to have been committed the cases to the court of Sessions for the trial. Sessions Trial No.24 of 2002 has arisen out of the chargesheet filed by Investigating Officer in respect of offences punishable under Section 302/34 and 307 I.P.C. in sessions trial no.25 of 2002, appears to have been arisen relating to offence punishable under Section 25 of Arms Act registered against accused Naresh Ram. On 27.01.2003 after hearing the parties, Sessions Judge, Champawat framed charge of offence punishable under Section 302 read with Section 34 I.P.C. against Shiv Ram and Naresh Ram and accused Shiv Ram @ Shiv Raj Ram was further charged in respect of offence punishable under Section 307 I.P.C. to which both of them pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Jaman Ram, (informant) and eye witness, P.W.2 Prahlad Ram (injured eye witness), P.W.3 Dr. Ashok Kumar (who gave first aid to the injured Prahlad Ram), P.W.4 Dr. B.S. Yadav (who recorded injuries on the person of Prahlad Ram), P.W.5 H.S. Kharayat (who conducted surgery on the person of Prahlad Ram), P.W.6 Prakash Ram (scribe of the first information report and witness of inquest report), P.W.7 Dr. Prayag Dutt (who conducted post mortem examination on dead body of Govindi Devi) and P.W.8 Shankar Lal Verma (Investigating Officer). Oral and documentary evidence was put to the accused under Section 313 Cr.PC in reply to which they alleged evidence adduced against them as false. They pleaded that they had been falsely implicated due to enmity. However, no evidence in defence was adduced. The trial court after hearing the parties found both the accused/appellants guilty of charge of offence punishable under Section 302/34 and one punishable under Section 307/34 I.P.C. Accused/appellant Naresh Ram was further held guilty of charge of offence punishable under Section 25 of Arms Act. After hearing on sentence, the trial court sentenced each one of the convicts to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for a period of seven years and directed to pay fine of Rs.10,000/- under Section 307/34 I.P.C. Convict Naresh Ram was sentenced further rigorous imprisonment for a period of three years under Section 25 of Arms Act. Aggrieved by the said impugned judgment and order dated 08.09.2003 passed by Sessions Judge, Champawat in Sessions Trial no.24 of 2002 and Sessions Trial No.25 of 2002, this appeal is preferred by the convicts.