PURAN SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 7-9-1990, passed by learned Ses sions Judge, Chamoli, in Sessions Trial No. 10 of 1989, whereby appellants Puran Singh and Anand Singh are con victed under Sections 376, 302/34 and 201 of Indian Penal Code, 1860 (here inafter referred as I. PC.), and each one of the convict is sentenced, under Sec tion 376 of I. P. C. to rigorous imprisonment for a period of ten years, under Section 302/34 of I. PC. to imprison ment for life, and under Section 201 of I. P. C. to rigorous imprisonment for a pe riod of five years.

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

(3.) IT appears that as per the. orders of Nayab Tehsildar, the investigation was entrusted on 25-3-1988 to Supervisory Kanoongo. P. W. 7 Madho Singh the then Supervisory Kanoongo, on the basis of the report of post mortem examination, registered a case crime relating to of fence punishable under Section 302 of I. PC. , and started investigation. He in terrogated the witnesses and prepared the site plans (Ext. A-4, Ext. A-5 and Ext. A-6 ). However, finally further inves tigation was entrusted to regular police and PW. 8 Virad Sharma, Station Officer of Police Station Gopeshwar, completed the investigation and after further inter rogation of the witnesses, submitted the charge sheet (Ext. A-19) against accused Puran Singh and Anand Singh, both the appellants, for their trial in respect of the offences allegedly committed by them punishable under Sections 302, 376, 342, 346, 343, 323, 504 and 506 of I. P. C.