BALWANT SINGH PARIHAR Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.) is di rected against the judgment and order dated 09-04-1987, passed in Sessions Trial No. 24 of 1986, whereby Sessions Judge, Almora has convicted the appel lant Balwant Singh under Section 302 of Indian Penal Code, 1860 (herein af ter referred as I. PC.) and sentenced him to imprisonment for life.

(2.) WE heard learned counsel for the parties and perused the entire record.

(3.) LEARNED Sessions Judge after hearing the prosecution and the defence, framed charge of offence, punishable under Section 302 I. P. C. against the ac cused Balwant Singh, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P. W. 1 Devendra Singh Nagarkoti (Informant and eye-witness), P. W. 2 Dr. N. D. Punetha, who conducted the post mortem examination on the dead body of deceased Kamarjeet, P. W. 3 Consta ble Hem Singh (eye-witness), P. W. 4 Con stable Clerk Gopal Ram, who prepared check report of the First Information Re port and made entry in the general di ary and P. W. 5 Shri D. R. Singh, the In vestigating Officer. Apart from the above five witnesses, affidavits of constable Manwar Singh, who deposited the re covered articles in the Malkhana, and that of constable Madhaw Ram, who took the dead body to the Medical of ficer for post mortem examination, were filed in support of the prosecution. All the documentary and oral evidence were put to the accused Balwant Singh un der Section 313 of Cr. P. C. in reply to which he alleged that the evidence ad duced by the prosecution is false and he further said that he had falsely been im plicated in the crime due to the enmity. No evidence were adduced in defence by the accused. After hearing the prosecu tion and the defence, the trial court found accused Balwant Singh guilty of offence punishable under Section 302 I. P. C. After hearing the convict on sen tence, he was sentenced to imprison ment for life. Aggrieved by said judg ment and order dated 09-04-1987, this appeal was preferred before the Allahabad High Court by the convict in the year 1987, which was received by this Court by transfer under Section 35 of U. P Reorganisation Act, 2000, for its disposal.