SARVAJEET SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), is directed against the judgment and order dated 18.01.2002 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 185 of 1999 whereby said court has convicted accused appellants, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh under sections 302, 436 and 427 of Indian Penal Code, 1860 (for short “IPC”). Each one of 2 convicts has been sentenced to imprisonment for life under section 302 IPC, rigorous imprisonment for a period of 5 years under section 436 IPC and rigorous imprisonment for a period of one year under section 427 IPC.

(2.) HEARD learned counsel for the parties and perused the evidence led in the lower court.

(3.) THE Chief Judicial Magistrate, Udham Singh Nagar, on receipt of the chargesheet, after giving necessary copies to the accused, as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, after hearing the parties on 06.04.2000 framed charge of offences punishable under sections 436, 427 and 302 IPC against all the three accused, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh, who pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Mohd. Hussain (witness of inquest report), PW2 Dr. Chandra Shekhar, who conducted the postmortem examination, PW3 Head Constable Bishan Swaroop Verma, who prepared Check Report of First Information Report and made entry in the General Diary, PW4 Smt. Baljeet Kaur (widow of deceased and eye witness), PW5 Paramjeet Singh, brother-in-law of deceased, who was declared hostile, and PW6 Station House Officer Mahfuz Ali (Investigating Officer).