KAILASH RAM ALIAS KALUA 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 2nd of November, 1999, passed by Sessions Judge, Almora, in Sessions Trial No. 35 of 1995, whereby said court has convicted accused / appellant Kailash Ram under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.), and one punishable under Section 201 of I.P.C. The convict (accused / appellant Kailash Ram) has been sentenced to imprisonment for life under Section 302 of I.P.C., and rigorous imprisonment for a period of three years under Section 201 of I.P.C.

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

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of sessions for trial. On 14.08.1996, Sessions Judge, Almora, after hearing the parties, framed charge of offences punishable under Section 302 and 201 of I.P.C. against the accused / appellant Kailash Ram, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Narain Singh (eyewitness); P.W. 2 Saruli Devi (sister-in-law of the deceased); P.W. 3 Km. Bimla (declared hostile); P.W. 4 Km. Pushpa (declared hostile); P.W. 5 Khim Singh (informant); P.W. 6 Pan Singh; P.W. 7 Dr. N.D. Punetha (who conducted postmortem examination); and P.W. 8 Shyam Dutt (Patwari of the area, who investigated the crime). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he pleaded that the evidence adduced against him is false. No evidence in defence was adduced. The trial court, after hearing the parties, found that prosecution has successfully proved charge of offence punishable under Section 302 of I.P.C., and that of one punishable under Section 201 of I.P.C. against accused Kailash Ram, and convicted him accordingly. Thereafter, the parties were heard on sentence, and the trial court sentenced the convict to of November 1999, passed by Sessions Judge, Almora, in Sessions Trial No. 35 of 1995, the convict preferred this appeal before the Allahabad High Court on 3imprisonment for life under Section 302 of I.P.C., and rigorous imprisonment for a period of three years under Section 201 of I.P.C. Aggrieved by said judgment and order dated 2nd rd of January 2000. The appeal is received by this court under Section 35 of the U.P. Re-organization Act, 2000 (Central Act No. 29 of 2000), for its disposal.